The URL can be used to link to this page

04-24-2007 City Council Regular Meeting PacketCity of Grand Island Tuesday, April 24, 2007 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Vacant City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Tom Brown Carole Cornelius John Gericke Peg Gilbert Joyce Haase Robert Meyer Mitchell Nickerson Vacant Scott Walker Fred Whitesides Call to Order City of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Todd Bowen, Grace Covenant Church, 418 West 12th Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Proclamation "Arbor Day" April 27, 2007 In 1872, J. Sterling Morton proposed that a special day be set aside for the planting of trees. This holiday was designated "Arbor Day" and is now observed in Nebraska, throughout the nation and the world. In conjunction with Arbor Day, the City of Grand Island is celebrating its 21st year as a "Tree City USA". The Mayor has proclaimed April 27, 2007 as "Arbor Day" in the City of Grand Island and encourages citizens to support efforts to protect our trees and woodlands. See attached PROCLAMATION. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item C2 Proclamation "Tourism Recognition Month" May 2007 Whereas, travel and tourism is extremely important to the community of Grand Island in terms of revenues generated, and because the travel and tourism industry contributes to the employment, economic prosperity, international trade, and relations and peace, understanding, and goodwill, Mayor Hornady, in conjunction with the Hall County Convention and Visitors Bureau, has proclaimed the month of May as "Tourism Month". See attached PROCLAMATION. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item E1 Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2707, 806 North Eddy Street for a Class "B" Liquor License Tuesday, April 24, 2007 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: April 24, 2007 Subject: Public Hearing on Request of Casey’s Retail Company dba Casey’s General Store #2707, 806 North Eddy Street for a Class “B” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Casey’s Retail Company dba Casey’s General Store #2707, 806 North Eddy Street has submitted an application for a Class “B” Liquor License. A Class “B” Liquor License allows for the sale of beer off sale only inside the corporate limits of the city. 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. Also included with this application is a request from Tina Krings, 1005 Village Green Drive #4, Norfolk, Nebraska 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. Sample Motion Move to approve the application of Casey’s Retail Company dba Casey’s General Store #2707, 806 North Eddy Street for a Class “B” Liquor License contingent upon final inspections and Liquor Manager Designation for Tina Krings, 1005 Village Green Drive #4, Norfolk, Nebraska with the stipulation that Ms. Krings complete a state approved alcohol server/seller training program. Item E2 Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2737, 1814 North Eddy Street for a Class "B" Liquor License Tuesday, April 24, 2007 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: April 24, 2007 Subject: Public Hearing on Request of Casey’s Retail Company dba Casey’s General Store #2737, 1814 North Eddy Street for a Class “B” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Casey’s Retail Company dba Casey’s General Store #2737, 1814 North Eddy Street has submitted an application for a Class “B” Liquor License. A Class “B” Liquor License allows for the sale of beer off sale only inside the corporate limits of the city. 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. Also included with this application is a request from Tina Krings, 1005 Village Green Drive #4, Norfolk, Nebraska 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. Sample Motion Move to approve the application of Casey’s Retail Company dba Casey’s General Store #2737, 1814 North Eddy Street for a Class “B” Liquor License contingent upon final inspections and Liquor Manager Designation for Tina Krings, 1005 Village Green Drive #4, Norfolk, Nebraska with the stipulation that Ms. Krings complete a state approved alcohol server/seller training program. Item E3 Public Hearing on Request of Don Kruse dba Jackrabbit Run Golf Course, 2800 North Shady Bend Road for a Class "A" Liquor License Tuesday, April 24, 2007 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: April 24, 2007 Subject: Public Hearing on Request of Don Kruse dba Jackrabbit Run Golf Course, 2800 North Shady Bend Road for a Class “A” Liquor License Item #’s: E-3 & I-3 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Don Kruse dba Jackrabbit Run Golf Course, 2800 North Shady Be nd Road has submitted an application for a Class “A” Liquor License. A Class “A” Liquor License allows for the sale of beer on sale only inside the corporate limits of the city. 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. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council ma y: 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. Sample Motion Move to approve the application of Don Kruse dba Jackrabbit Run Golf Course, 2800 North Shady Bend Road for a Class “A” Liquor License contingent upon final inspections and with the stipulation that Mr. Kruse complete a state approved alcohol server/seller training program. Item E4 Public Hearing on Tax Increment Financing for Pro Con Handicapped Housing Development Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP CRA Director Meeting: April 24, 2007 Subject: TIF Application from Procon Development LLC Item #’s: E-4 & G-6 Presenter(s): Chad Nabity, AICP CRA Director Background Procon Development LLC has applied for tax increment financing for the development of 20 handicap accessible apartments on the south side of Capital Avenue east and west of Geddes Street in the City of Grand Island. The property is legally described as Lots 1 and 2 of Sunny Side Second Subdivision and Lots 1, 2 and 3 of Goodrich Second Subdivision. To extend tax increment financing through a redevelopment contract, the developer must obtain the approval of the Community Redevelopment Authority and obtain the approval of the Planning Commission prior to coming before the City Council for final approval. Procon Development LLC has obtained the approval of the Community Redevelopment Authority and has also obtained approval from the Regional Planning Commission at their April 4, 2007 meeting. This project was previously approved for tax increment financing in by the Grand Island City Council in June of 2005. No action was taken on that project and the project is being brought forward for final approval at this time. The developers expect to begin work on the project in the next 90 days. This project now comes before the City Council for final consideration for authorizing tax increment financing. Discussion Procon Development LLC, has submitted a redevelopment proposal in a timely manner to the Community Redevelopment Authority for consideration. The Community Redevelopment Authority has prepared the redevelopment contract for use in extending tax increment financing assistance to Procon Development LLC. Procon Development LLC proposes to build 20 handicap accessible apartments (5 building with 4 units in each building each unit approx 960 sq. ft. plus attached garage) This project will be built on a site on the south side of Capital Avenue east and west of Geddes Street. Following the CRA approval, the Hall County Planning Commission reviewed the amendment to the redevelopment plan for blight and substandard area number 5. They determined that the proposed development is consistent with the existing zoning and future land use planned for the City of Grand Island and recommended approval. This proposed redevelopment contract, which would extend tax increment financing for fifteen years to this project is now before the City Council for consideration. The total tax increment financing allowed for this project may not exceed $420,000 during this 15 year period. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the resolution authorizing the use of tax increme nt financing for the proposed project. 2. Not approve the use of tax increment financing for this project. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the use of tax increment financing for this project. Sample Motion Motion to approve a resolution to use tax increment financing for the redevelopment project of Procon Development LLC. REDEVELOPMENT CONTRACT This Redevelopment Contract is made and entered into as of the ___ day of ________, 2007, by and between the Community Redevelopment Authority of the City of Grand Island, Nebraska (“Authority”) and Procon Development Company, L.L.C., (“Redeveloper”), whether one or more. WITNESSETH: WHEREAS, Authority is a duly organized and existing community redevelopment authority, a body politic and corporate under the law of the State of Nebraska, with lawful power and authority to enter into this Redevelopment Contract, acting by and through its Chair or Vice Chair and Members; WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the purposes and pursuant to the provisions of Section 2 of Article VIII of the Nebraska Constitution and Sections 18-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 1999, as amended (collectively the “Act”), has adopted a Redevelopment Plan for a blighted and substandard area designated by the City; and WHEREAS, Authority and Redeveloper desire to enter into this Redevelopment Contract for acquisition and redevelopment of the redevelopment area; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements herein set forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows: ARTICLE I DEFINITIONS AND INTREPRETATION Section 1.01 Terms Defined in this Redevelopment Contract. Unless the context otherwise requires, the following terms shall have the following meanings for all purposes of this Redevelopment Contract, such definitions to be equally applicable to both the singular and plural forms and masculine, feminine and neuter gender of any of the terms defined: “Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18- 2101 through 18-2154, Reissue Revised Statutes of Nebraska, 1943, as amended, and acts amendatory thereof and supplemental thereto. “City” means the City of Grand Island, Nebraska. “Completion” means substantial completion of the Project as described on the attached Exhibit B. “Governing Body” means the Mayor and City Council of the City, of Grand Island, Nebraska. “Premises” or “Redevelopment Area” means all that certain real property situated in the City of Grand Island, Hall County, Nebraska, more particularly described as Exhibit A attached hereto and incorporated herein by this reference. “Project” means the improvements to the Premises, as further described in Exhibit B attached hereto and incorporated herein by reference. “Project Costs” means only costs or expenses incurred by Redeveloper to acquire, construct and equip the Project pursuant to the Act as identified on Exhibit C. “Redevelopment Contract” means this redevelopment contract between Authority and Redeveloper dated _______________________, 2007, with respect to the Project. “Redeve lopment Plan” means the Redevelopment Plan for Area No. 5, prepared by the Authority and approved by the City pursuant to the Act, as amended from time to time. “Resolution” means the Resolution of the Authority dated April 4, 2007, as supplemented from time to time, approving this Redevelopment Contract. “TIF” Revenues” means incremental ad valorem taxes generated by the Project which are allocated to and paid to the Authority pursuant to the Act. ARTICLE II REPRESENTATIONS Section 2.01 Representations by Authority. Authority makes the following representations and findings; (a) Authority is a duly organized and validly existing community redevelopment authority under the Act. (b) The Redevelopment Plan has been duly approved and adopted by the City pursuant to Section 18-2116 and 18-2117 of the Act. (c) The Authority deems it to be in the public interest and in furtherance of the purposes of the Act to accept the proposal submitted by Redeveloper as specified herein. (d) The Redevelopment Project will achieve the public purposes of the Act by, among other things, increasing employment, improving public infrastructure, increasing the tax base, and lessening conditions of blight and substandard in the Redevelopment Area. Section 2.02 Representations of Redeveloper. The Redeveloper makes the following representations: (a) The Redeveloper is a Nebraska limited liability company having the power to enter into this Redevelopment Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Contract. (b) The execution and delivery of the Redevelopment Contract and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Contract or, except as disclosed in writing to the Authority, as to any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d) Any financial statements of the Redeveloper delivered to the Authority prior to the date hereof are true and correct in all respects and fairly present the financial condition of the Redeveloper and the Project as of the dates thereof; no materially adverse change has occurred in the financial condition reflected therein since the respective dates thereof; and no additional borrowings have been made by the Redeveloper since the date thereof except in the ordinary course of business, other than the borrowing contemplated hereby or borrowings disclosed to or approved by the Authority. ARTICLE III OBLIGATIONS OF THE AUTHORITY Section 3.01 Division of Taxes In accordance with Section 18-2147 of the Act, the Authority hereby amends the Redevelopment Plan of the Authority by providing that any ad valorem tax on real property in the Project for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as provided in Section 18-2147 of the Act or until $420,000.00 is provided through TIF, whichever occurs sooner. The effective date of this provision shall be January 1, 2008. Section 3.02 TIF Pledge of Revenues. Authority shall not incur TIF indebtedness in the form of a principal amount bearing interest but, rather, hereby pledges to the Redeveloper and its Lender that the Authority will pay, semi-annually, the TIF Revenues to Redeveloper’s Lender as additional security for the payment of the indebtedness incurred by Redeveloper for funding the Redevelopment Project. Section 3.03 Payment. Authority will pay to Redeveloper’s Lender the proceeds of the TIF Revenues derived from Redeveloper’s semi-annual payment of ad valorem taxes on the real property included in the Redevelopment Project. If such real estate taxes are not paid by Redeveloper, no TIF Revenues will be generated to enable the Authority to pay TIF Revenues to the Redeveloper. Section 3.04 Creation of Fund. Authority will create a special fund to collect and hold the TIF Revenues. Such special fund shall be used for no purpose other than to pay TIF Revenues pursuant to Sections 3.02 and 3.03 above. ARTICLE IV OBLIGATIONS OF REDEVELOPER Section 4.01 Construction of Project; Insurance (a) Redeveloper will complete the Project and install all equipment necessary to operate the Project. Redeveloper shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct and equip the Project. Until construction of the Project has been completed, Redeveloper shall make reports in such detail and at such times as may be reasonably requested by the Authority as to the actual progress of Redeveloper with respect to construction of the Project. Promptly after completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a Certificate of Completion. The certification by the Redeveloper shall be a conclusive determination of satisfaction of the agreements and covenants in this Redevelopment Contract with respect to the obligations of Redeveloper and its successors and assigns to construct the Project. (b) Any contractor chosen by the Redeveloper or the Redeveloper itself shall be required to obtain and keep in force at all times until completion of construction, policies of insurance including coverage for contractors’ general liability and completed operations and a penal bond as required by the Act. The Authority and the Redeveloper shall be named as additional insureds. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an owner, shall be required to purchase and maintain property insurance upon the Project to the full insurable value thereof. This insurance shall insure against the perils of fire and extended coverage shall include “All Risk” insurance for physical loss or damage. The contractor or the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance evidencing policies as required above. Such certificates shall state that the insurance companies shall give the Authority prior written notice in the event of cancellation of or material change in any of the policies. Sections 4.02 Reserved. Section 4.03 Redeveloper to Operate Project. Except as provided in Section 4.08 hereof, Redeveloper will operate the Project for not less than 15 years from the effective date of the provision specified in Section 3.01 of this Redevelopment Contract. Section 4.04 Authority Costs. Redeveloper shall pay to Authority on the date of execution of this Redevelopment Contract, the sum of $1,300.00 to reimburse the Authority for its fees incurred in connection with this Redevelopment Contract. Section 4.05 No Discrimination. Redeveloper agrees and covenants for itself, its successors and assigns that as long as this Redevelopment Contract is in effect, it will not discriminate against any person or group of persons on account of race, sex, color, religion, national origin, ancestry, disability, marital status or receipt of public assistance in connection with the Project. Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project, Redeveloper will not discriminate against any employee or applicant for employment because of race, religion, sex, color, national origin, ancestry, disability, marital status or receipt of public assistance. Redeveloper will comply with all applicable federal, state and local laws related to the Project. Section 4.06 Pay Real Estate Taxes. Redeveloper intends to create a taxable real property valuation of the Project of $1,400,000.00 no later than June 1, 2008. During the term of this contract, Redeveloper will (1) not protest a real estate property valuation on the Premises of $1,400,000.00 or less after substantial completion or occupancy; (2) not convey the Premises or structures thereon to any entity which would be exempt from the payment of real estate taxes or cause the nonpayment of such real estate taxes; and (3) cause all real estate taxes and assessments levied on the Premises to be paid prior to the time such become delinquent. Section 4.07 Reserved. Section 4.08 No Assignment or Conveyance. Redeveloper shall not convey, assign or transfer the Premises, the Project or any interest therein prior to the termination of the 15 year period commencing on the effective date specified in Section 3.01 hereof, without the prior written consent of the Authority, which shall not be unreasonably withheld and which the Authority may make subject to any terms or conditions it deems appropriate, except for the following conveyances, which shall be permitted without consent of Authority: (a) any conveyance as security for indebtedness (i) previously incurred by Redeveloper or incurred by Redeveloper after the effective date for Project Costs or any subsequent physical improvements to the premises with the outstanding principal amount of all such indebtedness (whether incurred prior to or after the effective date of this Agreement) secured by the Premises (ii) any additional or subsequent conve yance as security for indebtedness incurred by Redeveloper for Project Costs or any subsequent physical improvements to the premises provided that any such conveyance shall be subject to the obligations of the Redeveloper pursuant to this Redevelopment Contract; (b) if Redeveloper is an individual, any conveyance to Redeveloper’s spouse, or to Redeveloper’s spouse or issue pursuant to bequest or the laws of intestacy upon the death of Redeveloper; (c) any conveyance to a limited partnership or limited liability company so long as Redeveloper is general partner or manager of the entity. ARTICLE V FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES Section 5.01 Financing. Redeveloper shall pay all Project Costs, and prior to commencing Redeveloper shall provide Authority with evidence satisfactory to the Authority that private funds have been committed to the Redevelopment Project in amounts sufficient to complete the Redevelopment Project. Section 5.02 Encumbrances. Redeveloper shall not create any lien, encumbrance or mortgage on the Project or the Premises except encumbrances which secure indebtedness incurred to acquire, construct and equip the Project or for any other physical improvements to the Premises. ARTICLE VI DEFAULT, REMEDIES; INDEMNIFICATION Section 6.01 General Remedies of Authority and Redeveloper. Subject to the further provisions of this Article VI, in the event of any failure to perform or breach of this Redevelopment Contract or any of its terms or conditions, by either party hereto or any successor such party, such party, or successor, shall, upon written notice from the other, proceed immediately to commence such actions as may be reasonably designed to cure or remedy such failure to perform or breach which cure or remedy shall be accomplished within a reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or diligently pursued, or the failure to perform or breach shall not be cured or remedied within a reasonable time, this Redevelopment Contract shall be in default and the aggrieved party may institute such proceedings as may be necessary or desirable to enforce its rights under this Redevelopment Contract, including, but not limited to, proceedings to compel specific performance by the party failing to perform or in breach of its obligations. Section 6.02 Additional Remedies of Authority. In the event that: (a) The Redeveloper, or successor in interest, shall fail to complete the construction of the Project on or before September 1, 2008, or shall abandon construction work for any period of 90 days; (b) The Redeveloper, or successor in interest, shall fail to pay real estate taxes or assessments on the Premises or any part thereof when due, and such taxes or assessments shall not have been paid, or provisions satisfactory to the Authority made for such payment within 30 days following written notice form Authority; or (c) There is, in violation of Section 4.08 of this Redevelopment Contract, transfer of the Premises or any part thereof, and such failure or action by the Redeveloper has not been cured within 30 days following written notice from Authority, then the Redeveloper shall be in default of this Redevelopment Contract. In the event of such failure to perform, breach or default occurs and is not cured in the period herein provided, the parties agree that the damages caused to the Authority would be difficult to determine with certainty and that a reasonable estimation of the amount of damages that could be incurred is the amount of the unpaid TIF payment remaining pursuant to Section 3.03 of this Redevelopment Contract plus interest as provided herein (the “Liquidated Damages Amount”). The Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of demand from Authority. Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%) over the prime rate as published and modified in the Wall Street Journal from time to time and interest shall commence from the date that the Authority gives notice to the Redeveloper demanding payment. Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its obligation to pay real estate taxes or assessments with respect to the Project. Section 6.03 Remedies in the Event of Other Redeveloper Defaults. In the event the Redeveloper fails to perform any other provisions of this Redevelopment Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall be in default. In such an instance, the Authority may seek to enforce the terms of this Redevelopment Contract or exercise any other remedies that may be provided in this Redevelopment Contract or by applicable law; provided, however, that the default covered by this Section shall not give rise to a right of rescission or termination of this Redevelopment Contract, and shall not be covered by the Liquidated Damages Amount. Section 6.04 Enforced Delay Beyond Party’s Control. For the purposes of any of the provisions of this Redevelopment Contract, neither the Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the conveyance or preparation of the Premises for redevelopment, or the beginning and completion of the construction of the Project, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the Government, acts of the other party, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors due to such causes; it being the purpose and intent of this provision that in the event of this occurrence of any such enforced delay, the time or times for performance of the obligations of the Authority or of the Redeveloper with respect to construction of the Project, as the case may be, shall be extended for the period of the enforced delay: Provided, that the party seeking the benefit of the provisions of this section shall, within thirty (30) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof and requested an extension for the period of the enforced delay. Section 6.05 Limitation of Liability; Indemnification. Notwithstanding anything in this Article VI or this Redevelopment Contract to the contrary, neither Authority, City, nor their officers, directors, employees, agents or their governing bodies shall have any pecuniary obligation or monetary liability under this Redevelopment Contract. The obligation of the Authority shall be limited solely to the TIF Revenues pledged as security for the Redeveloper’s financing. Specifically, but without limitation, neither City nor Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of any representations, warranties or obligations hereunder. The Redeveloper releases the Authority and the City from, agrees that the Authority and the City shall not be liable for, and agrees to indemnify and hold the Authority and the City harmless from any liability for any loss or damage to property or any injury to or death of any persons that may be occasioned by any cause whatsoever pertaining to the Project. The Redeveloper will indemnify and hold each of the Authority and the City and their directors, officers, agents, employees and members of their governing bodies free and harmless from any loss, claim, damage, demand, tax, penalty, liability disbursement, expense, including litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether or not related to the Project, or resulting from or in any way related to the enforcement of this Redevelopment Contract or any other cause pertaining to the Project. ARTICLE VII MISCELLANEOUS Section 7.01 Notice Recording. A notice memorandum of this Redevelopment Contract shall be recorded with the County Register of Deeds in which the Premises is located. Section 7.02 Governing Law. This Redevelopment Contract shall be governed by the laws of the State of Nebraska, including but not limited to the Act. Section 7.03 Binding Effect; Amendment. This Redevelopment Contact shall be binding on the parties hereto and their respective heirs, personal representatives, devisees, successors and assigns. This Redevelopment Contract shall run with the Premises. The Redevelopment Contract shall not be amended except by a writing signed by the party to be bound. IN WITNESS WHEREOF, Authority and Redeveloper have signed this Redevelopment Contract as of the date and year first above written. COMMUINITY REDEVELOPMENT AUTHORITY OF THE CITY OF ATTEST: GRAND ISLAND, NEBRASKA ___________________________ By:_______________________________ Its Chair PROCON DEVELOPMENT COMPANY, L.L.C. By ________________________________ K.C. Hehnke STATE OF NEBRASKA ) )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2007, by Barry G. Sandstrom and Chad Nabity, Chair and Director, respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the Authority. (SEAL) ______________________________ Notary Public STATE OF NEBRASKA ) )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ______ day of ______________________, 2007 by Procon Development Company, L.L.C. by K.C. Hehnke, Manager. (SEAL) ______________________________ Notary Public EXHIBIT A DESCRIPTION OF PREMISES Lots One (1), Two (2), and Three (3), Goodrich Second Subdivision in the City of Grand Island, Hall County, Nebraska Known as 1703, 1711 and 1719 E. Capital Avenue and Lots One (1) and Two (2), Sunny Side Second Subdivision in the City of Grand Island, Hall County, Nebraska Known as 1803 and 1809 E. Capital Avenue EXHIBIT B DESCRIPTION OF PROJECT Construction of five separate four-plex handicapped accessible apartments with garages. Each four-plex shall contain approximately 5,712 square feet of space. EXHIBIT C CONSTRUCTION COSTS Land Cost Land $125,000.00 $125,000.00 Sewer & Water Plumbing Contractor $92,000.00 $92,000.00 Street Paving Pave Geddes Street 1 block $90,000.00 $90,000.00 Fees Cannon Moss Brygger $12,000.00 Rockwell & Associates $16,000.00 Financing Fees $20,000.00 Total Fees $48,000.00 $48,000.00 Construction Costs Per 4-plex General Construction $167,000.00 Electrical Contractor $18,000.00 Plumbing Contractor $16,000.00 Heating & A/C Contractor $14,000.00 Painting Contractor $6,000.00 Cabinet Allowance $8,000.00 Carpet Allowance $2,000.00 Appliance Allowance $4,000.00 Handicapped Railings $4,000.00 Landscaping $10,000.00 Misc. Items $5,000.00 (Blinds, Mailboxes, etc) Total Construction Cost $254,000 × 5 units $1,270,000.00 Contingency Reserves $80,000.00 $80,000.00 Estimated Total Cost of Project $1,705,000.00 Item E5 Public Hearing on Change of Zoning for Land Located at 1822 and 1824 East 7th Street from M-2 Heavy Manufacturing to R-4 High Density Residential Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: April 24, 2007 Subject: Change of Zoning for Land Located at 1822 and 1824 East 7th Street Item #’s: E-5 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This application proposes to rezone approximately 1.357 acres of land consisting of Lot 9, Frank P. Barks’ Subdivision and lots 5 and 6, Block 3, East Park, in the City of Grand Island, Hall County, Nebraska from M2 Heavy Manufacturing to R4 High Density Residential Zone. This property is located east of Skypark Road and north of 7th Street at 1822 and 1824 East 7th Street. Discussion There are currently 2 single family houses on these properties. The houses have been there at least 80 years. The owner of the property is requesting that the property be rezoned to permit the houses to be rebuilt in the case that they are destroyed. The property immediately to the west of this is zoned for residential purposes. The Planning Commission held a hearing on this application at their meeting on April 4, 2007. No members of the public spoke at the public hearing. Planning Commission members asked if the adjoining lots 5 and 6 of East Park would be considered buildable lots if this rezoning is approved. Nabity answered that they are buildable lots now but not for residential uses only for manufacturing uses. Rezoning them would make them buildable for residential uses. There was no further discussion of this matter. 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 A motion was made by Haskins and seconded by Reynolds recommend the rezoning as presented. A roll call vote was taken and the motion passed with 8 members present (Miller, O’Neill, Ruge, Reynolds, Niemann, Hayes, Haskins, Bredthauer) voting in favor. Sample Motion Motion to approve the rezoning for property located on Lot 9, Frank P. Barks’ Subdivision and Lots 5 and 6, Block 3 East Park Subdivision, in the City of Grand Island, Hall County, Nebraska (1822 and 1824 East 7th Street) from M2 Heavy Manufacturing to R4 High Density Residential Zone as recommended. March 20, 2007 C-15-2007GI Dear Property Owner: You are hereby notified that a public hearing will be held at a meeting before the Regional Planning Commission, in the Council Chambers, located in Grand Island’s City Hall, 100 E First Street, beginning at 6:00 p.m., Wednesday April 4 , 2007 concerning the following changes: An amendment to the Grand Island Zoning Map from LLR to B2, for a tract of land comprising a part of the East Half of the Southwest Quarter of the Southeast Quarter (E1/2 SW1/4 SE1/4), of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska. This property is located at 4106 West Stolley Park Road, as shown on the enclosed map. You, as an owne r of property adjacent to or within 300 feet of the proposed zone changes, are invited to attend this hearing and give testimony before the Planning Commission relative to the request. This notice is not a requirement of law, but is being sent to you in the interest of public involvement so that you will be aware of such possible land use changes adjacent to or near your property and have the opportunity to express your views. If you have any questions concerning this proposal, please call the office of the Regional Planning Commission. Sincerely, Chad Nabity, AICP Planning Director March 20, 2007 Dear Members of the Board: RE: Change of Zone – Change of Zoning for land located 1822 and 1824 East 7th St. (C-16-2007GI) For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a request for an amendment to the Grand Island Zoning Map from M-2 Heavy Manufacturing Zone to R-4 High Density Residential Zone for a tract of land consisting of Lot 9, Frank P. Barks’ Subdivision and Lots 5 and 6 of Block 3, East Park Subdivision in the City of Grand Island, Hall County, Nebraska. This property is located at 1822 and 1824 East 7th Street, Grand Island, as shown on the enclosed map. You are hereby notified that the Regional Planning Commission will consider this Change of Zone at the next meeting that will be held at 6:00 p.m. on April 4, 2007 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Building Inspector Director City Public Works Director City Utilities Director Manager of Postal Operations This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 16, 19, 82, 83, 100, 126. Item E6 Public Hearing on Change of Zoning for Land Located at 4106 West Stolley Park Road from LLR - Large Lot Residential to B-2 General Business Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: April 24, 2007 Subject: Change of Zoning for Land Located at 4106 West Stolley Park Road Item #’s: E-6 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This application proposes to change the zoning on a tract of land comprising a part of the East Half of the Southwest Quarter of the Southeast Quarter (E ½ SW ¼ SE ¼), of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska from LLR Large Lot Residential to B2 General Business Zone. This property is located at 4106 West Stolley Park Road just west of U.S. Highway 30 and north of Stolley Park Road. Discussion Chief Industries own the property in question and intends to build corporate offices at this location. They have an immediate need for an engineering office. This office would be located at the northwest corner of the property. The State of Nebraska Department of Roads has expressed interest in relocating U.S. Highway 30 across a portion of this property. That project is not scheduled to begin until at least 2013. Chief is seeking this rezoning so that they can use their property to provide for their immediate corporate need (a new engineering office) without negatively impacting the proposed plans by NDOR to relocate U.S. Highway 30. The Planning Commission held a hearing on this application at their meeting on April 4, 2007. Paul Briseno, John Greene and Ray Keeser commented at the public hearing expressing concerns regarding increased traffic, especially construction traffic, on Liberty Lane and Freedom Drive. They stated that these roads are not built to a standard to support more than the neighborhood traffic. The neighbors were not opposed to Chief placing offices at this location but they were concerned about traffic through their neighborhood. Bob Eihusen, with Chief, stated that they were unsure where they would access the new building. The closest public street to the new building would be on Liberty Lane. He anticipates between 20 and 30 employees at the building. Nabity stated that this property does have access to both Liberty Lane and Stolley Park road and that he did not believe that the City could limit access to either road at this time since they are both public streets. Liberty Lane is dedicated up to the Chief property but the improved road does not extend all the way to Chief’s property. The road would have to be improved from the end of the black top to Chief’s property to provide public access. Steve Riehle, Grand Island Public Works Director, stated that Liberty Lane and Freedom Drive would not stand up to construction traffic and that Public Works would work with Chief to keep construction vehicles from using those roads. 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 A motion was made by Ruge and seconded by Niemann as presented. A roll call vote was taken and the motion passed with 8 members present (Miller, O’Neill, Ruge, Reynolds, Niemann, Hayes, Reynolds, Haskins) voting in favor. Sample Motion Motion to approve the rezoning for property located in the E1/2 SW1/4 SE1/4 of 23-11N- 10 in Grand Island, Hall County, Nebraska from LLR- Large Lot Residential to B2 – General Business Zone as recommended. Aerial View of Freedom Acres and Chief Property March 20, 2007 C-15-2007GI Dear Property Owner: You are hereby notified that a public hearing will be held at a meeting before the Regional Planning Commission, in the Council Chambers, located in Grand Island’s City Hall, 100 E First Street, beginning at 6:00 p.m., Wednesday April 4 , 2007 concerning the following changes: An amendment to the Grand Island Zoning Map from LLR to B2, for a tract of land comprising a part of the East Half of the Southwest Quarter of the Southeast Quarter (E1/2 SW1/4 SE1/4), of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska. This property is located at 4106 West Stolley Park Road, as shown on the enclosed map. You, as an owne r of property adjacent to or within 300 feet of the proposed zone changes, are invited to attend this hearing and give testimony before the Planning Commission relative to the request. This notice is not a requirement of law, but is being sent to you in the interest of public involvement so that you will be aware of such possible land use changes adjacent to or near your property and have the opportunity to express your views. If you have any questions concerning this proposal, please call the office of the Regional Planning Commission. Sincerely, Chad Nabity, AICP Planning Director March 20, 2007 Dear Members of the Board: RE: Change of Zone – Change of Zoning for land located 4106 West Stolley Park Rd (C-15-2007GI) For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a request for an amendment to the Grand Island Zoning Map from LLR – Large Lot Residential to B-2 General Business Zone for a tract of land comprising a part of the East Half of the Southwest Quarter of the Southeast Quarter (E1/2 SW1/4 SE1/4), of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.m., in the City of Grand Island, Hall County, Nebraska. This property is located north 4106 West Stolley Park Road, Grand Island, as shown on the enclosed map. You are hereby notified that the Regional Planning Commission will consider this Change of Zone at the next meeting that will be held at 6:00 p.m. on April 4, 2007 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Building Inspector Director City Public Works Director City Utilities Director Manager of Postal Operations Rockwell & Associates This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 16, 19, 82, 83, 100, 126. Item E7 Public Hearing Concerning Acquisition of Utility Easement - North line of Outfall Ditch 30B, Northeast of the Wastewater Treatment Plant - Midland Ag Services, Inc. Tuesday, April 24, 2007 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: April 24, 2007 Subject: Acquisition of Utility Easement – North Line of Outfall Ditch 30B, Northeast of the Wastewater Treatment Plant – Midland Ag Services, Inc. Item #’s: E-7 & 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 Midland Ag Services, Inc., located along the north line of Outfall Ditch 30B, northeast of the Wastewater Treatment Plant, 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 construct a three phase overhead feeder along the north ba nk of the outfall ditch. This line will become a feeder from Substation E which is located at Museum Drive, north of the outfall ditch, to the three phase line that currently exists along Shady Bend Road. 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 E8 Public Hearing on Amendment to Community Development Block Grant 03-HO-404 Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Council Agenda Memo From: Marsha Kaslon, Community Development Administrator Council Meeting: April 24, 2007 Subject: Amendment for Grant 03-HO-404 for a Community Development Block Grant through the Nebraska Department of Economic Development Item #’s: E-8 & G-15 Presenter(s): Marsha Kaslon, Community Development Administrator Background The Nebraska Department of Economic Development (DED) performed a monitoring visit in December of 2006 for the grant 03-HO-404. This grant was originally written, submitted, and awarded in 2003. The grant 03-HO-404 officially closed out in January, 2006. DED had one finding for the grant when they monitored. Unless otherwise stated, all Reuse of Program Income must be used for that particular grant and be spent during that grant period. There was no set section for Reuse of Program Income, and any mention of Program Income did not delineate that it would be used for the Community Revitalization Grant that was to be submitted in February 2006. An amendment to the grant must be submitted to DED for approval to resolve the finding from the monitoring visit. The wording shall read: Reuse of Program Income : All program income the City of Grand Island receives from this program will be placed into an interest bearing account and will be tracked through the MUNIS system that the City Of Grand Island utilizes. Program income from this grant will be used for either owner-occupied rehabilitation or for down payment assistance for the Comprehensive Revitalization Grant as program income and direct one-to-one match. Discussion Notice of the public hearing was given April 17, 2007 in the Grand Island Independent and public comment is solicited at this time. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the amendment to grant 03-HO-404. 2. Disapprove or /Deny the amendment to grant 03-HO-404. 3. Modify the amendment to meet the wishes of the Council 4. Table the issue 5. Refer the issue to a Committee. 6. Postpone the issue to a later date. Recommendation City Administration recommends that the Council approve the amendment for grant 03- HO-404. Sample Motion Approve the amendment for grant 03-HO-404. Item F1 #9115 - Consideration of Change of Zoning for Land Located at 1822 and 1824 East 7th Street from M-2 Heavy Manufacturing to R-4 High Density Residential This item relates to the aforementioned Public Hearing Item E-5. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9115 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land consisting of Lot Nine (9), Frank P. Bark’s Subdivision and Lots Five (5) and Six (6), Block Three (3), East Park, in the City of Grand Island, Hall County, Nebraska, from M2 Heavy Manufacturing to R4 High Density Residential; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on April 4, 2007, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on April 24, 2007, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from M2 Heavy Manufacturing to R4 High Density Residential: All of Lot Nine (9), Frank P. Barks’ Subdivision, and Lots Five (5) and Six (6) of Block Three (3) of East Park Subdivision, in the City of Grand Island, Hall County, Nebraska. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. ORDINANCE NO. 9115 (Cont.) - 2 - SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 24, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9116 - Consideration of Change of Zoning for Land Located at 4106 West Stolley Park Road from LLR - Large Lot Residential to B-2 General Business This item relates to the aforementioned Public Hearing Item E-6. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9116 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising a part of the East Half of the Southwest Quarter of the Southeast Quarter (E½ SW¼ SE¼), of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, from LLR – Large Lot Residential to B2 General Business; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on April 4, 2007, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on April 24, 2007, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from LLR – Large Lot Residential to B2 General Business: A part of the East Half of the Southwest Quarter of the Southeast Quarter (E½ SW¼ SE¼), of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska. ORDINANCE NO. 9116 (Cont.) - 2 - SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 24, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9117 - Consideration of Amending Chapter 18 of the Grand Island City Code Relative to Gas Tuesday, April 24, 2007 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: April 24, 2007 Subject: Amend Chapter 18 of the Grand Island City Code to Adopt the 2006 Uniform Mechanical Code and Revise Regulations for Gas Fitters to Mechanical Fitters Item #’s: F-3 Presenter(s): Craig Lewis – Building Department Director Background The Grand Island City Code has for decades regulated the installation of gas piping and venting of appliances, this was done with the adoption and enforcement of provisions of a model plumbing code. The City licensed and regulated persons in the profession as gas fitters and appliance installers. Discussion This proposed ordinance would adopt the 2006 Uniform Mechanical Code and revise the nomenclature for gas fitters to mechanical fitters. Any person now in the business as a gas fitter would become a mechanical fitter and the installation of mechanical heating, ventilating, or cooling systems would be regulated by the newly adopted code. An existing business in the heating and cooling profession would no longer be required to carry a gas fitters license but a mechanical license. The required amount of liability insurance required would also increase from $300,000 to $1,000,000. The adoption of the 2006 Uniform Mechanical code is intended to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of heating, ventilating, cooling systems and other miscellaneous heat-producing appliances within this jurisdiction. The proposed revisions have been reviewed by the Grand Island Gas Fitters Board and their recommendation is for Council approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the ordinance. 2. Disapprove or /Deny the ordinance. 3. Modify the ordinance to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the ordinance to revise Chapter 18 and adopt the 2006 Uniform Mechanical Code. Sample Motion Motio n to approve Ordinance #9117 to amend Chapter 18 of the Grand Island City Code. ORDINANCE NO. 9117 An ordinance to revise Chapter 18 of the Grand Island City Code to adopt the 2006 Uniform Mechanical Code and revise regulations for gas fitters to mechanical fitters; and to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance, said effective date is May 15, 2007. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 18 of the Grand Island City Code shall be modified to read as follows: CHAPTER 18 GASMECHANICAL Article I. Natural Gas §18-1. Rates (A) Schedule of Maximum Rates. The rates charged by NorthWestern Public Service, a division of NorthWestern Corporation, a Delaware corporation, doing business in the state of Nebraska as a Domesticated Corporation, for natural gas supplied to customers in the City of Grand Island, Nebraska, unless otherwise approved by the Mayor and City Council, shall not exc eed the following, effective August 1, 2001: Customer Charge Per Month Residential Service Rate No. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00 per Meter General Service Rate No. 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6.00 per Meter Commercial & Industrial Rate No. 94 . . . . . . . . . . . . . . . . . . . . . $ 80.00 per Meter Usage Charge – Rate No. 91 Non-Gas Gas First 30 Therms per month $0.26356 $0.70271 per Therm Over 30 Therms per month $0.09513 $0.70271 per Therm Usage Charge – Rate No. 92 First 400 Therms per month $0.12101 $0.70271 per Therm Next 1,600 Therms per month $0.05343 $0.70271 per Therm Over 2,000 Therms per month $0.03243 $0.70271 per Therm Usage Charge – Rate No. 94 All Therms per month $0.04530 $0.47232 per Therm Demand Charge – Rate No. 94 Standard Service (all Therms) $0.21910 $1.20470 per Therm Extended Service ORDINANCE NO. 9117 2 First 500 Therms/day $0.24590 $0.33330 per Therm Over 500 Therms/day $0.00000 $0.33330 per Therm Minimum Monthly Charge: Shall equal the customer charge for Rate Nos. 91 and 92. Shall equal the amount of therms of demand billed and the customer charge for Rate No. 94. Stand-by Capacity Charge: For Rate Nos. 91 and 92 customers that use natural gas as a back-up to an alternative fueled heating system, NorthWestern shall charge, in addition to the charges stated above, the following stand-by fee during the months of December through March: Rate No. 91 - $12.00 per Meter Rate No. 92 - $37.00 per Meter Bills will be rendered at monthly intervals. (B) Gas Cost Adjustment. The foregoing rates for gas supplied in the period covered by any bill shall be increased or decreased from the foregoing schedule of rates as follows: (1) If at any time or from time to time, the rate authorized to be charged NorthWestern for any natural gas purchased by it on a firm supply basis for resale in Nebraska shall be increased or decreased (whether or not charged under bond) resulting in an average cost per therm to NorthWestern in excess of or less than the average cost per therm prior to application of such increase or decrease, the charge per therm, including the amount that is included in the minimum bill, for gas supplied in each subsequent billing period (beginning not earlier than the effective date of such increase or decrease) may be increased or shall be decreased accordingly. In addition, gas cost variances resulting from the purchase of non-traditional supplies will be added or deducted from charges set forth in filed rates included herein. (2) For the purposes hereof, the amount of any refund, including interest thereon, if any, received by NorthWestern from its supplier of charges paid and applicable to natural gas purchased on a firm basis in Nebraska shall be refunded to the customer as a reduction in billings over the succeeding twelve month period or other period determined appropriate. (3) Variances in actual gas cost incurred and gas cost recovered through unit sales rates will be measured monthly. Gas supply related costs collected from NorthWestern's Agency Sales Service will be credited to actual gas cost incurred. Resulting under or over cost recoveries will be spread to gas cost component of rates over the succeeding twelve month period following the filing of any gas cost adjustment. All accrued over or under variances shall be assessed a carrying charge which shall be the overall rate of return allowed by the Rate Area in NorthWestern's last general rate filing. (4) Any increase or decrease in rates because of gas cost adjustment hereinbefore provided for shall become effective immediately upon the filing with the City Clerk of the City of Grand Island of amended rates reflecting such increase or decrease. §18-2. Basis of Measurement The rates prescribed by this chapter shall be understood to apply to and be based upon natural gas of the British Thermal Unit heating value of not less than nine hundred British Thermal Units per cubic foot of gas calculated according to standard measurements and in the event that the average total heating value of said gas in any billing period shall fall below said minimum, then the gas to be billed during such billing period shall be decreased proportionately to the deficiency in such heating value. §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 infraction. Amended by Ordinance No. 9049, effective 6/28/2006 ORDINANCE NO. 9117 3 §18-4. Filing Fee; Amount The City shall charge and collect a filing fee from natural gas companies for a rate filing. The fee shall be in accordance with the City of Grand Island Fee Schedule. §18-5. Uniform Mechanical Code Adopted The Uniform Mechanical Code, 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Mechanical Code, 2006 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. The following appendices shall be adopted along with the Uniform Mechanical Code adopted by this section: 1. Appendix A- Uniform Mechanical Code Standard 6-2 Standard for Metal Ducts. §18-6. UMC - Certain Sections not Adopted It is especially provided that the following chapters, sections, and tables of the Uniform Mechanical Code are not adopted or approved, and the same shall be of no force and effect: 1. Table1-1 Mechanical Permit Fees 2. Chapter 11- Refrigeration. 3. Chapter 14- Process Piping. 4. Chapter 16- Stationary Fuel Cell Power Plants. 5. Appendix B- Procedures to be followed to place gas equipment in operation. 6. Appendix C – Installation and Testing of oil (liquid) fuel-fired equipment. 7. Appendix D- Unit Conversion Tables. §18-7. UMC - Public Copy Not less than one copy of the Uniform Mechanical Code adopted pursuant to 18-5 shall be kept on file by the city clerk for inspection by and use of the public. §18-8. UMC - Amendment of Section 101.1 Section 101.1 of the Uniform Mechanical Code is hereby amended to read as follows: 101.1. Title. This document shall be known as the "Uniform Mechanical Code" together with Appendices and any amendments thereto, and shall be cited as such, and will be referred to when used herein or in Chapter18 of the Grand Island City Code as "this Code". §18-9. UMC - Amendment of Subsection 112.1 Subsection 112.1 of the Uniform Mechanical Code is hereby amended to include the following: 112.1. Permits Required. It shall be unlawful for any person, firm or corporation to make any installation, alteration or repair any mechanical system regulated by this Code except as permitted in Subsections 112.2 of this section, or cause the same to be done without first obtaining a permit to do such work from the Grand Island Building Department. (A) A permit is required for the installation or replacement of all fuel burning heating equipment, and water heaters together with all chimneys, vents and their connectors. (B) A permit is required for the installation, repair, or alteration of all fuel gas piping in or in connection with any building or structure or within the property lines of any premises, other than service pipe. A permit is required for the installation or replacement of all warm-air furnaces and heating systems including all chimneys, vents, and their connectors. (C) No Commercial Hoods and Kitchen Ventilation equipment shall be installed without a permit. (D) A separate permit shall be obtained for each building or structure. No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his or her employ. (E) A permit is required for the repair, replacement, or installation of a gas piping. ORDINANCE NO. 9117 4 (F) No permit shall be issued to any person to do or cause to be done any work regulated by this Code, except to a person holding a valid unexpired and unrevoked mechanical license as required by this chapter, except when and as otherwise hereinafter provided in this section. (G) Any permit by this code may be issued to do any work regulated by this code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that such person is the bona fide owner of any such dwelling and accessory buildings and quarters, and that the same are currently occupied by said owner, provided, that said owner shall personally purchase all material and shall personally perform all labor in connection therein. This, however, shall exclude all gas piping and venting of fuel combustion appliances. §18-10. UMC - Amendment of Subsection 115.2 Subsection 115.2 of the Uniform Mechanical Code is hereby amended to read as follows: 115.2 Permit Fees. The fee for each permit identified in this chapter shall be set forth in accordance with the City of Grand Island Fee Schedule. §18-11. UMC - Amendment of Subsection 1316.4 Subsection 1316.4 of the Uniform Mechanical Code is hereby amended to read as follows: The size of the house supply piping, beginning at the gas meter and continuing to the first supply piping outlet shall not be less than one (1) inch. Article II. Gas Appliances and Gas Piping Division 1. Generally §18-512. Definitions For the purpose of this article the following definitions shall be used and the terms herein set forth shall be construed to have the meaning set forth in this section: Mechanical Appliance installation is the act of installing fixtures, equipment, appliances or apparatus, using natural or artificial gas between the outlet of the meter set assembly or outlet of the service regulator, when a meter is not provided, and the inlet connection of fixtures, equipment, appliances or apparatus. Appliance installation shall include the venting of such fixtures, equipment, appliances or apparatus where required. Appliance installation is the act of installing fixtures, equipment, appliances or apparatus, using natural or artificial gas between the outlet of the meter set assembly or outlet of the service regulator, when a meter is not provided, and the inlet connection of fixt ures, equipment, appliances or apparatus. Appliance installation shall include the venting of such fixtures, equipment, appliances or apparatus where required. Gas company shall mean the franchised distributor of gas in the City, pursuant to a franchise ordinance granted to such distributor or its successors or assigns and approved by the mayor and city council. HVAC is Heating, Ventilation, Air Conditioning Mechanical work is the act of heating, ventilating, air-conditioning, gas piping, miscellaneous heat producing, and energy-utilizing equipment, but also to include regulating and controlling the design, construction installation, quality of material, location, operation and maintenance or use of heating, ventilating, cooling, incinerators, air condition systems and other miscellaneous heat producing appliances within this jurisdiction. Journeyman mechanical fitter is any person qualified under the ordinances of the City of Grand Island to become a Journeyman mechanical Fitter upon obtaining the required license. Journeyman plumber is any person qualified under the ordinances of the City of Grand Island to do plumbing work. Master mechanical fitter is any entity qualified under the ordinances of the City of Grand Island to become a master gas fitting contractor upon obtaining the required license and bond. Mechanical contractor is any entity engaged in the business of gas fitting and appliance installation in connection with any building or structure or to serve any building or structure with natural or artificial gas. Master plumber is any person qualified under the ordinances of the City of Grand Island to do plumbing contracting work upon obtaining the required license and bond. Workmanship shall mean executed in a skilled manner; e.g. generally plumb, level, square, in line, undamaged, and without marring adjacent work. Cutting, notching and boring of floor joists and studs shall comply and adopted herein. Gas fitting is the act of installing gas piping or any size fixtures, equipment, appliances or apparatus for ORDINANCE NO. 9117 5 transporting and using natural or artificial gas between the outlet of the meter set assembly or the outlet of the service regulator, when a meter is not provided, and the inlet connection of fixtures, equipment, appliances or apparatus using natural or artificial gas. Gas fitting shall include the venting of gas fixtures, equipment, apparatus or appliances where required. Journeyman gas fitter is any person qualified under the ordinances of the City of Grand Island to become a Journeyman Gas Fitter upon obtaining the required license. Journeyman plumber is any person qualified under the ordinances of the City of Grand Island to do plumbing work. Such person may perform the work of a journeyman gas fitter. Master gas fitter is any person qualified under the ordinances of the City of Grand Island to become a master gas fitting contractor upon obtaining the required license and bond. Master gas fitting contractor is any person engaged in the business of gas fitting and appliance installation in connection with any building or structure or to serve any building or structure with natural or artificial gas. Master plumber is any person qualified under the ordinances of the City of Grand Island to do plumbing contracting work upon obtaining the required license and bond. Such person may perform the work of a master gas fitting contractor. Upon obtaining such license and bond, such person may also perform the work of a master gas fitting contractor. Amended by Ordinance No. , effective 05-15-2007 §18-13. 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 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. §18-14. Unlawful Connection of Gas Line It shall be unlawful for any person except employees or agents of the gas company to open or make any connection to or do work on any gas main or gas service pipe of the gas company on the upstream side of the gas meter without written authorization of the gas company. §18-15. Prohibiting Use for Electrical Connection The gas piping shall not be used for an electrical ground or grounding electrode, nor shall electric circuits utilize gas piping, casing on controls, panels or other metal parts of the gas piping or appliance installations in lieu of wiring. This provision shall not apply to low voltage control and ignition circuits and to electronic flame detection device circuits incorporated as a part of the gas appliance or equipment. §18-10 16. Pilot Burners; Safety Shutoff Devices (A) All residential and commercial heating equipment with inputs less than 400,000 BTUH shall be equipped with a pilot burner and safety shutoff device. In the event of ignition device failure or pilot outage, complete shutoff of the gas to both the main burner and pilot burner shall take place. The combined time required for the safety shutoff device and the automatic valve to shutoff the gas supply shall not exceed 3 minutes. On heating equipment approved only for outdoor installation, the safety shutoff device need not cause shutoff of the pilot gas. (B) All heating equipment with rated inputs between 400,000 and 6,000,000 BTUH must have approved electronic type safety shutoff devices. The response time of the primary safety control to de-energize or activate the gas shutoff device shall not be more than four seconds. The pilot flame-establishing period for expanding, intermittent and interrupted pilots shall not be more than 15 seconds. Gas to such pilots shall be automatically shut off if the pilot fails to ignite. Inputs 2,000,000 BTUH or above shall be equipped with both a solenoid valve and a motorized valve. Amended by Ordinance No. , effective 05-15-2007 ORDINANCE NO. 9117 6 Article III. Mechanical Fitters, Contractors, Installers Division 1 Examining Board §18-617. Examining Board; Membership There is hereby created an examining board for gas mechanical fitters which shall consist of seven members appointed annually by the Mayor and approved by a majority of the city council. The seven members shall consist of the following: (1) The Chief Building Official, or his/her designee (2) One member from the local gas company (3) One contracting master gas mechanical fitter (4) One member from the community (5) Three members which shall be either master gas mechanical fitters or journeyman gas mechanical fitters Four members shall constitute a quorum. Duties of the board shall be to establish standards and procedures for the qualifications, examination, and licensing of master and journeymen gas mechanical fitters and shall issue the appropriate license to each person who meets the qualifications thereof and successfully passes the examination given by the Examining Board. The duly appointed Examining Board shall act as a Board of Appeals for any appeal arising from actions of the Chief Building Official or his authorized representative as it relates to issues in this chapter of the city code. Amended by Ordinance No. 9034, effective 03-22-2006 Amended by Ordinance No , effective 05-15-2007 §18-18 Meetings; Chairman The Board shall hold its first meeting upon call by the chief building official, and within thirty days following the appointment of its members. The members shall select a chairman from their own number, but not the chief building official. Such chairman shall hold office until the December 31 following, or until his or her successor has been selected. The Board shall meet upon call by the chief building official at such intervals as may be necessary for the proper performance of its duties, but in any case not less than twice a year. §18-19 Duties; Examinations; Licenses The Board shall establish standards and procedures for the qualification, examination and licensing of master mechanical fitter and journeyman mechanical fitter, and shall issue an appropriate license to each person who meets the qualifications therefore and successfully passes the examination given by the Board. §18-20 Board of Appeals The duly appointed Board shall act as a Board of Appeals in making a correct determination of any appeal arising from actions of the chief building official or his authorized representative. §18-21 Quorum for Board Four (4) memb ers of the Board of Appeals shall constitute a quorum. §18-22 Records The Board of Appeals shall keep an accurate record of all their official transactions and shall submit a copy to the office of the city clerk. §18-23 Procedures Appeals shall be made within thirty (30) calendar days from date of the chief building official's decision. Decisions of the Board shall be made within thirty (30) days of receipt of appeal. Decisions of the Board shall be in writing. A copy of the Board's decision shall be delivered to the appellant within 30 calendar days after receipt of original appeal. §18-24 Filing Fee Any person who is aggrieved by any decision of the chief building official or his authorized representative relating to the suitability of alternate materials or type of installation or interpretation of any provision of this Code may obtain review of such decision upon filing a written request for review by the Board in the office of the chief ORDINANCE NO. 9117 7 building official or his authorized representative within thirty (30) days from the date of such decision and payment of a filing fee as provided below: (1) A $50.00 fee for review of a decision of the chief building official or his authorized representative interpreting any provision or provisions of this Code. (2) A $50.00 fee for review of a decision of the chief building official or his authorized representative concerning the suitability of an alternate material or type of installation. Enforcement of any decision, notice or order of the chief building official or his authorized representative issued under this Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. §18-25 General Rules (1) All mechanical apprentices actively engaged under a master mechanical fitter will be required to register with the City Building Department. Experience accrued towards taking the journeyman mechanical test will only be accepted as a registered apprentice. Time accrued previous to registration will be noted. (2) Time required for an apprentice to be actively engaged in the trade under the supervision of a master, journeyman, or qualified shop will be a minimum of two years. Proof of qualifications will be submitted to the Board in writing for consideration and approval for the journeyman examination. Any academical time to be considered by the Board in place of actual apprenticeship time in the trade must be from a State accredited college or Technical school. (3) Applicants must hold a journeyman license for a minimum of two years before taking the Master exam, and be actively engaged in the trade for the full two years. (4) The minimum age limit for a Journeyman examination will be Twenty (20) years of age unless approved by the Board. (5) The allotted time for the Master and Journeyman examination will be four hours (two hours open book and two hours closed book). (6) Request for Master and Journeyman examination will be filed in the City of Grand Island Building Department Office prior to the examination date for the consideration of the Board. Examination fee will be paid with the application. No exam fee will be refunded after taking the examination. (7) All applicants will submit, along with their request for examination, letters of proof of the required apprenticeship time actively engaged in the trade. (8) In the event that an applicant fails to pass the examination given, he may make application for a subsequent exam after eighty-five (85) days have passed. (9) At the discretion of the Board, experience gained at a industrial plant or outside the tri-city jurisdiction may be considered as apprenticeship time to qualify for a Journeyman examination. Information considered by the Board shall include written proof of previous experience record and oral examination. (10) All examination papers are the property of the examining Board. Applicants will not be permitted to remain during grading or to review examination papers after they have been submitted for grading. Test results will be sent by mail. (11) Applicant must obtain a passing score on each part of the exam (written as well as drawing). (12) An applicant with a passing score will have a 30 day grace period to pick up a new license dated from the test date. (13) An applicant must supply his own copy of this Code; the Grand Island Building Department will not supply copies to anyone during the test. Photocopies, reference books, or any other reference materials will not be allowed in the testing area during the test. Division 2. Gas Mechanical Inspector §18-26. Office Created; Authority; Assistants There is hereby created and established the office of the mechanical inspector, who shall be the chief building official, and who shall have supervision of all gas piping, gas appliance installations and mechanical work in the city and the two mile area adjacent thereto. The mechanical inspector shall have such assistance as may be necessary. Assistants shall be hired only after being examined and recommended by the chief building official. Any such assistant shall have the same power as the mechanical inspector. ORDINANCE NO. 9117 8 §18-27. Duties It shall be the duty of the mechanical inspector to issue permits and inspect all mechanical work and gas distribution from the outlet side of the meter and all gas installations, but to exclude gas mains, within the City and the two mile area adjacent thereto and to investigate all reported cases of the use of imperfect materials or workmanship on any job of mechanical work or the violation of any of the provisions of this article by a plumber, mechanical fitter or builder. §18-28. Inspections It shall be the duty of the mechanical inspector to make inspections of any mechanical work, gas piping, appliance installation or connections at the request of the installer, department head, owner, agent, tenant, or occupant of any building or the premises where such gas piping or mechanical work is located in order to ascertain whether or not the mechanical work, gas piping or appliances in such building or premises are in a safe condition. The inspector shall have the authority to enter any building or upon any premises at all reasonable hours to ascertain if the provisions of this article, or any ordinances relating to mechanical work, gas piping or appliance installations have been or are being violated or being complied with, and should the inspector, upon making such an inspection as requested by the installer, owner, agent, tenant, or department head, find an unsafe or unsatisfactory installation, the inspector shall have the authority to request the gas company to shut off the appliance or service at the meter (depending upon the seriousness of the conditions as determined by the inspector), tag same, and shall notify the installer immediately if the job is a new installation, or the owner, agent, tenant, or one in charge of the property to cause the same to be remedied within a specified time, not exceeding ten days if the same is not a new installation. Should the installer, owner, agent, tenant, or one in charge of the premises fail to make such corrections, changes or repairs, or fail to notify the inspector to make a reinspection within the specified time after receiving such notification to comply therewith, said owner, agent, tenant, installer or person in charge, shall be considered maintaining an unsafe mechanical installation and violating the requirements hereof, and the inspector shall make a reinspection of the premises and report the findings to the chief building official, who shall in turn cause action to be taken in the proper court to secure compliance, and the penalties as set forth in this chapter shall apply. It shall be the duty and the responsibility of the installer or one making such correction, changes or repairs to notify the inspector within forty-eight hours after completion of such correction, changes or repairs, and request for reinspection. §18-29. Inspection Prior to Covering Installation Before any part of any installation is covered from sight, a notification shall be given the mechanical inspector who shall, within forty-eight hours, inspect such part of the installation. §18-30. Reserved §18-31. Procedure for Reinspection If, by reason of noncompliance with the provisions of this article or through the use of defective material or inferior workmanship, the approval of the mechanical inspector is not given and subsequent inspections become necessary, the installer shall notify the mechanical inspector when such work shall be ready for such subsequent inspection, which shall be made in the same manner as is hereinbefore provided. The fees for reinspection shall be provided in the fee schedule. §18-32. Inspector May Require Testing When permits have been issued for additional fixtures or piping or alterations to any existing system, the mechanical inspector may, if in his or her discretion it is deemed necessary, require the installer to make a complete test of the whole system as is required for new systems. §18-33. Authority to Condemn; Penalty Authority is hereby granted to the mechanical inspector to condemn any existing gas or mechanical installations which, in his discretion, is hazardous or dangerous to human life. It shall be the duty of the property owner to immediately eliminate the hazardous conditions by removal or repair of these conditions. Failure to do so will be a violation of the provisions of this article. §18-34. Reserved ORDINANCE NO. 9117 9 §18-11. Office Created; Authority; Assistants There is hereby created and established the office of the gas inspector, who shall be the chief building official, and who shall have supervision of all gas installation work in the city and the two mile area adjacent thereto. The gas inspector shall have such assistance as may be necessary. Assistants shall be hired only after being examined and recommended by the chief building official. Any such assistant shall have the same power as the gas inspector. Rules and regulations of Chapter 18, Gas, of the Grand Island City Code shall be reference to §26-5 and §26-6 of Chapter 26, Plumbing, of the Grand Island City Code. §18-12. Duties It shall be the duty of the gas inspector to issue permits and inspect all gas distribution from the outlet side of the meter and all gas installations, but to exclude gas mains, within the City and the two mile area adjacent thereto and to investigate all reported cases of the use of imperfect materials or workmanship on any job of gas work or the violation of any of the provisions of this article by a plumber, gas fitter or builder. §18-13. Inspections It shall be the duty of the gas inspector to make inspections of any gas piping, appliance installation or connections at the request of the installer, department head, owner, agent, tenant, or occupant of any building or the premises where such gas piping work is located in order to ascertain whether or not the gas piping or appliances in such building or premises are in a safe condition. The inspector shall have the authority to enter any building or upon any premises at all reasonable hours to ascertain if the provisions of this article, or any ordinances relating to gas piping or appliance installations have been or are being violated or being complied with, and should the inspector, upon making such an inspection as requested by the installer, owner, agent, tenant, or department head, find an unsafe or unsatisfactory installation, the inspector shall have the authority to request the gas company to shut off the appliance or service at the meter (depending upon the seriousness of the conditions as determined by the inspector), tag same, and shall notify the installer immediately if the job is a new installation, or the owner, agent, tenant, or one in charge of the property to cause the same to be remedied within a specified time, not exceeding ten days if the same is not a new installation. Should the installer, owner, agent, tenant, or one in charge of the premises fail to make such corrections, changes or repairs, or fail to notify the inspector to make a reinspection within the specified time after receiving such notification to comply therewith, said owner, agent, tenant, installer or person in charge, shall be considered maintaining an unsafe gas installation and violating the requirements hereof, and the inspector shall make a reinspection of the premises and report the findings to the chief building official, who shall in turn cause action to be taken in the proper court to secure compliance, and the penalties as set forth in this chapter shall apply. It shall be the duty and the responsibility of the installer or one making such correction, changes or repairs to notify the inspector within forty-eight hours after completion of such correction, changes or repairs, and request a reinspection. §18-14. Inspection Prior to Covering Installation Before any part of any installation is covered from sight, a notification shall be given the gas inspector who shall, within forty-eight hours, inspect such part of the installation. §18-15. Reserved Deleted by Ordinance No. 9049, effective 6/28/2006 §18-16. Procedure for Reinspection If, by reason of noncompliance with the provisions of this article or through the use of defective material or inferior workmanship, the approval of the gas inspector is not given and subsequent inspections become necessary, the installer shall notify the gas inspector when such work shall be ready for such subsequent inspection, which shall be made in the same manner as is hereinbefore provided. The fees for such reinspection shall be the same as provided for the issuance of a permit for gas fitting and appliance installation, with the exception that there shall be no minimum charge. §18-17. Inspector May Require Testing When permits have been issued for additional fixtures or piping or alterations to any existing system, the gas inspector may, if in his or her discretion it is deemed necessary, require the installer to make a complete test of ORDINANCE NO. 9117 10 the whole system as is required for new systems. §18-18. Authority to Condemn; Penalty Authority is hereby granted to the gas inspector to condemn any existing gas installation which, in his discretion, is hazardous or dangerous to human life. It shall be the duty of the property owner to immediately eliminate the hazardous conditions by removal or repair of these conditions. Failure to do so will be a violation of the provisions of this article. §18-19. Reserved Deleted by Ordinance No. , effective 05-15-2007 Division 3. Registration of Gas Fitters Contractors §18-36. Registration Required No person shall engage in the mechanical fitting business in the City until registered in the office of the chief building official as a mechanical contractor. §18-37. Registration; Individual No person shall be registered as a mechanical contractor unless he is licensed as a master mechanical fitter under the provisions of this section and has in force and effect one or more insurance policies as required by other sections of the city code. §18-38 Registration; Firm, Corporation No firm, association or corporation shall be registered as a mechanical contractor unless the proper officers of the concern shall certify to the chief building official that an identified master mechanical fitter, licensed under the provisions of this section, is an officer, member or regular employee of such concern, and that such master mechanical fitter will be in direct supervision of all of the mechanical work contracted and done by such concern, and unless such concern has in force and effect one or more insurance policies as required by other sections of the city code. §18-39. Registration; Fee The fees to be collected by the chief building official for the registration of a mechanical contractor shall be in accordance with the City of Grand Island Fee Schedule. §18-40. Registration; Certificate The chief building official shall issue a certificate of registration to any mechanical contractor applying for such and qualifying under the provisions of this section, for a period beginning on the date thereof and expiring on December 31 of the same year. The holder of the certificate shall display same at the regular place of business of the holder. Renewal of a registration certificate may be obtained upon showing of qualifications as provided for in this section and payment of the proper fee. §18-41. Certificate; Revocation The Board may revoke any certificate of registration of any mechanical contractor after hearing by the Board for any of the following reasons: (1) Lack of competency or lack of knowledge in matters relevant to the certificate of registration; (2) Certificate of registration being obtained by fraud; (3) The lending of any certificate of registration or the obtaining of permits there under for any other person; (4) Failure to comply with this Code and any rules issued by the chief building official or Board; (5) Abandonment of any contract or undertaking without good cause or fraudulent departure from plans or specifications; (6) Failure to obtain or cause to be obtained permits when the same are required by this code. The chief building official shall serve notice of such action by registered mail to the holder of the certificate. ORDINANCE NO. 9117 11 §18-42. Mechanical Contractors Every mechanical contractor shall be required at all times to have a licensed journeyman mechanical fitter in charge of all work as a condition for the issuance and maintenance of such license. §18-43. Insurance (1) Every licensee 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. (a) Comprehensive General Liability Insurance covering the operations of the licensee, including completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (b) 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. (2) The licensee shall furnish the City of Grand Island with 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. §18-44. Use of Licensee's Name by Another No person or concern who has obtained a mechanical contractor registration pursuant to this chapter shall allow his or her name to be used by another person or concern, either for the purpose of obtaining permits, or for doing business or work under such registration or license. Every person licensed pursuant to this section shall notify the Board of any change of street address. Division 4. Master & Journeyman Mechanical Fitters §18-45. Examinations; Fee; Exemptions Any person desiring to be licensed as a master mechanical fitter or as a journeyman mechanical fitter pursuant to this chapter shall make written application for an examination to the Board. Examination fees shall be in accordance with the City of Grand Island Fee Schedule. Examination fees shall accompany such application. Examination fees are not returned but shall be forfeited in the event the applicant fails the examination. §18-46. Eligibility Requirements All mechanical fitter apprentices engaged under a master mechanical fitter will be required to register with the City Building Department. Experience accrued towards taking the test journeyman mechanical fitters test will only be accepted as a registered apprentice. Time accrued previous to registration requirement will be approved and noted. An applicant for examination must have worked under supervision of a licensed master mechanical fitter, for a period of two years before being eligible to take a journeyman mechanical fitter's examination. No person shall be eligible to take a master mechanical fitter's examination until two years after registration as a journeyman mechanical fitter. §18-47. Re-Examination Any person desiring to become a master mechanical fitter or a journeyman mechanical fitter who fails to pass an examination pursuant to this chapter as prescribed by the Board may make written application for a subsequent examination 85 days after taking the examination. §18-48. Licenses; Term; Renewal; Fees (1) All licenses issued by the Board pursuant to this article shall expire on December 31 of the year in which issued, but may be renewed within thirty days thereafter upon application and payment of fees in accordance with the City of Grand Island Fee Schedule. Any license holder who does not renew his license within this thirty- day grace period shall automatically forfeit such license. In the event of forfeiture of a license in this manner, the holder may apply for and qualify to recover the lapsed license by passing an examination as required under the provisions of this code. (2) The annual fee for master and journeyman mechanical fitters shall be in accordance with the City of Grand Island Fee Schedule. ORDINANCE NO. 9117 12 (3) After January 1, 2008 journeyman and master gasfitter licenses will not be issued. Journeyman and master licenses will be issued as journeyman mechanical fitter and master mechanical fitter. (4) Any person holding a valid master or journeyman plumbing license, will be eligible to obtain an equivalent mechanical license from April 1, 2007 to January 31,2008. Any person after January 31, 2008 applying for application to test for journeyman or master mechanical license will be required to have appropriate time, experience or qualifications for the level of license applying for. §18-49. License; Revocation The city council by a majority vote shall have the power to revoke the license of any journeyman mechanical fitter or master mechanical fitter upon the recommendation of the Board, if the license was obtained through error or fraud, or if the recipient thereof is shown to be grossly incompetent, or has a second time willfully violated any of the provisions of this article or any other provisions of City of Grand Island Code related to gas piping, Heating, Venting, Air Conditioning systems (HVAC) or mechanical work. This penalty shall be cumulative and in addition to the penalties prescribed for the violation of the provisions of this article. Before a license may be revoked, the licensee shall have notice in writing, enumerating the charges alleged, and shall be entitled to a hearing before the city council not sooner than five days from receipt of the notice. The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross- examination. All testimony before the city council shall be given under oath. The city council shall have power to administer oaths, issue subpoenas, and compel the attendance of witnesses. The decision of the city council shall be based upon the evidence produced at the hearing, and such decision shall be final. A person whose license has been revoked shall not be permitted to reapply for another such license within one year from the date of such revocation. §18-50. Temporary Journeyman Mechanical Fitter License The chief building official may issue a temporary journeyman mechanical fitters license pending examination; provided that the applicant therefore holds a similar license from an equivalent board. Such permit shall be valid until the next examination by the Board. §18-51. Use of Licensee's Name by Another No person or concern who has obtained a mechanical fitter's license pursuant to this article, shall allow his or her name to be used by another person or concern, either for the purpose of obtaining permits, or for doing business or work under such registration or license. Every person licensed pursuant to this section shall notify the Board of any change of street address. §18-52. Renewal of License Any person licensed under the provisions of this article as a master mechanical fitter or a journeyman, who does not renew his license for a period of thirty days after the expiration of same, shall pay the examination fee required by this article, and shall submit himself to an examination by the Board for mechanical fitters before such person can be again licensed hereunder. Division 5. General §18-2053. Application Application for registration shall be made in writing to the building department which shall show the name, residence and business location of the applicant and such other information as may be required. Amended by Ordinance No. 9049, effective 06-28-2006 Amended by Ordinance No. , effective 05-15-2007 §18-21. Fees Fees in accordance with the City of Grand Island Fee Schedule shall be charged for registration and examination as follows: New master gas fitting contractor's license fee issued between January 1 and June 30 New master gas fitting contractor's license fee issued between July 1 and December 31 Renewal of master gas fitting contractor's license Master gas fitter's license registration card Journeyman gas fitter's registration card Master gas fitter's examination ORDINANCE NO. 9117 13 Journeyman gas fitter's examination §18-22. Examination; Prerequisites; Exemptions (A) Before the applicant shall be registered as a master gas fitter, contractor or journeyman, as the case may be, he or she shall submit to an examination to determine fitness and competency to engage in the business, trade, or calling of gas fitting or appliance installation work, as the case may be, which examination shall be given by the examining board for gas fitters as hereinbefore set forth, such applicant after having by such examination been shown to be fit, competent and qualified to engage in the business, trade, or calling of a master or journeyman gas fitter, as the case may be, shall be registered by the chief building official, who shall deliver to such applicant a certificate of registration, signed by the chief building official. (B) An applicant failing to pass an examination shall not be eligible for re-examination until eighty five days shall have elapsed after the previous examination. Each applicant shall pay an examination fee for each re- examination required. (C) Any applicant validly registered or licensed as a master gas fitter, contractor or journeyman, or equivalent capacity by the city of Hastings or the city of Kearney, shall be exempt from taking the foregoing examination, and provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent license upon application and payment of fees. §18-23. Eligibility Requirements All plumbing apprentices and gas fitter apprentices engaged under a master plumber or a master gas fitter will be required to register with the City Building Department. Experience accrued towards taking the journeyman plumbers test or journeyman gas fitters test will only be accepted as a registered apprentice. Time accrued previous to registration requirement will be approved and noted. An applicant for examination must have worked under supervision of a licensed master plumber, or master gas fitter, for a period of two years before being eligible to take a journeyman gas fitter's examination. No person shall be eligible to take a master gas fitter's examination until two years after registration as a journeyman gas fitter. §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. Amended by Ordinance No. 9049, effective 6/28/2006 §18-54. Fees Fees in accordance with the City of Grand Island Fee Schedule shall be charged for registration and examination as follows: New mechanical contractor's license fee issued between January 1 and June 30 New mechanical contractor's license fee issued between July 1 and December 31 Renewal of mechanical contractor's license Master mechanical fitter's license registration card Journeyman mechanical fitter's registration card Master mechanical fitter's examination Journeyman mechanical fitter's examination §18-55. Examination; Prerequisites; Exemptions (A) Before the applicant shall be registered as a master mechanical fitter, contractor or journeyman, as the case may be, he or she shall submit to an examination to determine fitness and competency to engage in the business, trade, or calling of gas fitting, mechanical work or appliance installation work, as the case may be, which ORDINANCE NO. 9117 14 examination shall be given by the examining board for mechanical fitters as hereinbefore set forth, such applicant after having by such examination been shown to be fit, competent and qualified to engage in the business, trade, or calling of a master or journeyman mechanical fitter, as the case may be, shall be registered by the chief building official, who shall deliver to such applicant a certificate of registration, signed by the chief building official. (B) An applicant failing to pass an examination shall not be eligible for re-examination until eighty five days shall have elapsed after the previous examination. Each applicant shall pay an examination fee for each re- examination required. (C) Any applicant validly registered or licensed as a master mechanical fitter, contractor or journeyman, or equivalent capacity by the city of Hastings or the city of Kearney, shall be exempt from taking the foregoing examination, and provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent license upon application and payment of fees. §18-56. Eligibility Requirements All mechanical fitter apprentices engaged under a master mechanical fitter will be required to register with the City Building Department. Experience accrued towards taking the test journeyman mechanical fitters test will only be accepted as a registered apprentice. Time accrued previous to registration requirement will be approved and noted. An applicant for examination must have worked under supervision of a licensed master mechanical fitter, for a period of two years before being eligible to take a journeyman mechanical fitter's examination. No person shall be eligible to take a master mechanical fitter's examination until two years after registration as a journeyman mechanical fitter. §18-57. Insurance (A) Every mechanical 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 $1,000,000 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. §18-25. Plumber as Gas Fitter; Insurance Any person licensed as a plumber in the City shall be required to have and maintain insurance as herein required before he or she shall be entitled to operate as a gas fitter under the provisions of this division. §18-26. Expiration of Insurance Any registration certificate issued to a master gas fitting contractor under the provisions of this chapter shall be revoked by the mayor and city council should the holder of such registration certificate permit the insurance policy herein required to expire or lapse. Any corporation, firm, or partnership which may be registered hereunder as a gas fitter in the name of such corporation, firm, or partnership, shall have a master gas fitter who has submitted to the examination given by the examining board for gas fitters and has thereby shown himself or herself fit, competent and qualified to engage in the business, trade, or calling of gas fitting and appliance installation as a bona fide officer of such corporation or as a member of such firm or partnership and who shall at all times be in actual charge of and be responsible for the installation, removal, or repair of any gas fitting work or appliance installation work done by such corporation, firm or partnership. Before such corporation, firm, or partnership shall be registered in its corporate, firm, or partnership name as a gas fitter, there shall be filed with the chief building official a certificate from the examining board of gas fitters showing the fitness and competency of such officer of such corporation or such memb er of such firm or partnership to engage in the business or calling of master gas fitter; provided, if, after a certificate of registration is issued such corporation, such member of such firm or partnership shall withdraw therefrom and cease to be connected therewith, then and in that event, the mayor and city council shall forthwith revoke the certificate of registration of such corporation, firm, or partnership upon the request of the chief building ORDINANCE NO. 9117 15 official. §18-27. Bond and Insurance Exemptions Any applicant for a license who is distributing gas in the City under a franchise from the City or who is an employee of such distributor shall be exempt from furnishing and filing the bonds or certificates of insurance provided for in this division so long as applicant remains a bona fide full time employee, officer, member or partner of a gas fitting contractor who has filed or is exempt from filing the insurance certificates or bonds required by this chapter. §18-28. Gas Fitting Contractors Every gas fitting contractor shall be required at all times to have a licensed journeyman gas fitter in charge of all work as a condition for the issuance and maintenance of such license. §18-29. Corporations; Registration; Revocation Any corporation, firm, or partnership which may be registered hereunder as a gas fitter in the name of such corporation, firm or partnership shall have a master gas fitter who has submitted to the examination given by the examining board for gas fitters and installers and has thereby shown himself or herself fit, competent and qualified to engage in the business, trade, or calling of gas fitting and installing as a bona fide officer of such corporation or as a member of such firm or partnership and who shall at all times be in actual charge of and be responsible for the installation, removal or repair of any gas fitting work done by such corporation, firm, or partnership. Before such corporation, firm or partnership shall be registered in its corporate, firm, or partnership name as a gas fitter, there shall be filed with the chief building official a certificate from the examining board of gas fitters showing the fitness and competency of such officer of such corporation or such member of such firm or partnership to engage in the business or calling of master gas fitters; provided, if, after a certificate of registration is issued such corporation, such member of such firm or partnership shall withdraw therefrom and cease to be connected therewith, then and in that event the city council shall forthwith revoke the certificate of registration of such corporation, firm or partnership upon the request of the chief building official. §18-30. Violations of This Article It shall be unlawful for any person to engage in the business of contracting gas installation and appliance work of any nature without first being registered as a master contracting gas fitter qualified under the provisions of this division; further, master contracting gas fitters shall be bonded and duly authorized as provided for in this division. Journeyman gas fitters shall work under the supervision of a master contractor and are prohibited from engaging in the business of contracting gas fitter within the scope of this article. §18-58. Expiration of Insurance Any registration certificate issued to a mechanical contractor under the provisions of this chapter shall be revoked by the mayor and city council should the holder of such registration certificate permit the insurance policy herein required to expire or lapse. Any corporation, firm, or partnership which may be registered hereunder as a mechanical contractor in the name of such corporation, firm, or partnership, shall have a master mechanical fitter who has submitted to the examination given by the examining board for mechanical fitters and has thereby shown himself or herself fit, competent and qualified to engage in the business, trade, or calling of mechanical work, HVAC installation and gas piping as a bona fide officer of such corporation or as a member of such firm or partnership and who shall at all times be in actual charge of and be responsible for the installation, removal, or repair of any mechanical work or HVAC installation or gas piping work done by such corporation, firm or partnership. Before such corporation, firm, or partnership shall be registered in its corporate, firm, or partnership name as a mechanical contractor, there shall be filed with the chief building official a certificate from the examining board of mechanical fitters showing the fitness and competency of such officer of such corporation or such member of such firm or partnership to engage in the business or calling of master mechanical fitter; provided, if, after a certificate of registration is issued such corporation, such member of such firm or partnership shall withdraw there from and cease to be connected therewith, then and in that event, the mayor and city council shall forthwith revoke the certificate of registration of such corporation, firm, or partnership upon the request of the chief building official. §18-59. Reserved ORDINANCE NO. 9117 16 §18-60. Mechanical Contractors Every mechanical contractor shall be required at all times to have a licensed journeyman mechanical fitter in charge of all work as a condition for the issuance and maintenance of such license. §18-61. Corporations; Registration; Revocation Any corporation, firm, or partnership which may be registered hereunder as a mechanical contractor in the name of such corporation, firm or partnership shall have a master mechanical fitter who has submitted to the examination given by the examining board for mechanical fitters and installers and has thereby shown himself or herself fit, competent and qualified to engage in the business, trade, or calling of mechanical work, HVAC installation and gas piping as a bona fide officer of such corporation or as a member of such firm or partnership and who shall at all times be in actual charge of and be responsible for the mechanical work, HVAC installation, removal or repair of any gas fitting work done by such corporation, firm, or partnership. Before such corporation, firm or partnership shall be registered in its corporate, firm, or partnership name as a mechanical contractor, there shall be filed with the chief building official a certificate from the examining board of mechanical fitters showing the fitness and competency of such officer of such corporation or such member of such firm or partnership to engage in the business or calling of mechanical contractor; provided, if, after a certificate of registration is issued such corporation, such member of such firm or partnership shall withdraw there from and cease to be connected therewith, then and in that event the city council shall forthwith revoke the certificate of registration of such corporation, firm or partnership upon the request of the chief building official. §18-62. Violations of This Article It shall be unlawful for any person to engage in the business of contracting mechanical work, HVAC installation and gas piping of any nature without first being registered as a mechanical contractor qualified under the provisions of this division; further, mechanical contracting shall be bonded and duly authorized as provided for in this division. Journeyman mechanical fitters shall work under the supervision of a master mechanical fitter and are prohibited from engaging in the business of mechanical contractor within the scope of this article. §18-3163. Expiration of Registration Such registration shall expire on December 31 following the date thereof and shall not be assignable. If registration and license fees are not paid within thirty days, the license shall automatically be revoked. Amended by Ordinance No. , effective 05-15-2007 §18-3264. Revocation; Re -Registration The mayor and council by a majority vote shall have the power to revoke any gas mechanical fitter's contractor or master gas mechanical fitter's certificate or registration upon the recommendation of the chief building official and examining board for gas mechanical fitters if the same was obtained through error or fraud or if the recipient thereof is shown to be grossly incompetent or has willfully violated any of the provisions of this article or the gas mechanical fitter's code of the City a second time. This penalty shall be cumulative and in addition to the penalties prescribed for the violation of the provisions of this article. If a certificate of registration be revoked, the holder of the same shall not apply for registration until one year from the date of such revocation. Amended by Ordinance No. , effective 05-15-2007 §18-3365. Renewal Certificates of registration at the time of their expiration may be renewed upon recommendation of the chief building official for gas mechanical fitters without an examination upon payment of the required registration and license fees. Any person licensed under the provisions of this division as a master or journeyman gas mechanical fitter who does not renew his or her license within a period of one month after the expiration of the same shall pay the examination fees required by this division, and submit to an examination by the examining board before such person can be licensed hereunder. Amended by Ordinance No. , effective 05-15-2007 ORDINANCE NO. 9117 17 §18-3466. Persons Not Required to Register Any person engaged in wholesale or retail sales of 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. Amended by Ordinance No. , effective 05-015-2007 §18-3567. Unlawful Use of Registered Name No registered gas mechanical fitter shall allow his or her name to be used by another person directly or indirectly either to obtain a permit for the installation of any gas fitting or appliance installingmechanical and HVAC, or to do any gas fitting work or any appliance installing work, and if any registered gas mechanical fitter violates this provision, the mayor and city council shall forthwith revoke the certificate of registration issued to such gasmechanical fitter, and in addition to having such certificate of registration revoked, such gasmechanical fitter may be prosecuted under §18-41 §18-72 for such violation. Amended by Ordinance No. , effective 05-15-2007 §18-36. Unregistered Gas Fitter It shall be unlawful for any person to cause or permit any job of gas fitting or making any gas connection incident to any property owned, managed, or controlled by such person unless the fitter performing such work has been registered as required by this division and has received a permit from the chief building official for such particular work; and any such person causing or permitting any such work to be done in violation of the provisions hereof shall be guilty of a violation of this division and subject to the penalties hereinafter provided for such violation. §18-68. Unregistered Mechanical Fitter It shall be unlawful for any person to cause or permit any job of mechanical or HVAC, gas piping or making any gas connection incident to any property owned, managed, or controlled by such person unless the fitter performing such work has been registered as required by this division and has received a permit from the chief building official for such particular work; and any such person causing or permitting any such work to be done in violation of the provisions hereof shall be guilty of a violation of this division and subject to the penalties hereinafter provided for such violation. Division 4 6. Permit to Perform Gas Fitting Mechanical Work §18-3769. Required; To Whom Issued; Term Before any new gas fitting or appliancemechanical work or HVAC installation is started or any repairs are made to existing gas fitting, or appliance installation mechanical, HVAC installation inside any building or structure, except the stoppage of leaks or minor repairs or adjustments, a permit shall be obtained from the chief building official and the required fee paid to the city building department. No permits shall be issued to anyone except a licensed master gas fittingmechanical contractor or authorized journeyman gas mechanical fitter. All gas fitting or appliance installation work mechanical work or HVAC installation work shall be inspected by the gas mechanical inspector. All gas fitting or appliance installationmechanical work or HVAC installation permits shall expire and become invalid sixty days after the date of their issuance. Amended by Ordinance No. , effective 05-15-2007 §18-38. Issuance; Information in Report Upon approval of the application for permit, the gas inspector shall issue a permit 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. Amended by Ordinance No. 9049, effective 6/28/2006 §18-3970. Fees Upon the granting of a permit for gas fitting or appliance installationmechanical work or HVAC ORDINANCE NO. 9117 18 installation, the applicant shall pay a fee to the City in accordance with the City of Grand Island Fee Schedule. Amended by Ordinance No. , effective 05-15-2007 §18-4071. Permit to be Kept on Premises It shall be the duty of the installer to keep all permits on the premises where the work for which the permit was issued is being done until such time as the work is completed, inspected, tested and accepted by the gas mechanical inspector. Amended by Ordinance No. , effective 05-15-2007 Division 5 7. Penalty §18-4172. Penalty for Violation 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 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. Amended by Ordinance No. 9049, effective 6/28/2006 Amended by Ordinance No. , effective 05-15-2007 SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, on May 15, 2007. Enacted: April 24, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9118 - Consideration of Amending Chapter 26 of the Grand Island City Code Relative to Plumbing Tuesday, April 24, 2007 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: April 24, 2007 Subject: Amending Chapter 26 of the Grand Island City Code to Adopt the 2006 Uniform Plumbing Code Item #’s: F-4 Presenter(s): Craig Lewis , Building Department Director Background The City of Grand Island has adopted and enforced plumbing regulations for several decades. Currently the 2003 edition of the Uniform Plumbing Code is adopted to provide minimum standards for the protection of the public health, safety, and welfare in regard to plumbing installations and facilities. This proposal is to amend the City code to adopt the latest edition of the Uniform Plumbing code, that being the 2006 edition. Discussion The City generally adopts published model codes on a three to six year cycle as model codes are published and revised every three years. This edition and adoption is intended to keep current with the latest model plumbing code and bring the Cities of Hastings, Kearney, and Grand Island together as all three will be enforcing the same model plumbing code. Additional amendments will increase the time in the plumbing trade for journeyman plumbers from two years to four years before being able to take a master plumbing exam and increase the amount of liability insurance a plumbing contractor must carry from $300,000 to $1,000,000. All of these modifications have been before the Grand Island Plumbing Board and received their approval and endorsement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the ordinance. 2. Disapprove or /Deny the ordinance. 3. Modify the ordinance to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the ordinance to adopt the 2006 Uniform Plumbing Code and modify chapter 26 of the City Code. Sample Motion Motio n to approve Ordinance #9118 to amend Chapter 26 of the Grand Island City Code. Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney ORDINANCE NO. 9118 An ordinance to revise Chapter 26 of the Grand Island City Code to bring it into conformity with the 2006 UPC Code Changes; and to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance, said effective date is May 15, 2007. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 26, Sections 1, 2, 5, 34, 41, 42 and 43 of the Grand Island City Code shall be modified to read as follows: §26-1. Uniform Plumbing Code Adopted The Uniform Plumbing Code, 20062003 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Plumbing Code, 20062003 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. The following appendices shall be used with the Uniform Plumbing Code adopted by this section: 1. Appendix A – Recommended Rules for Sizing the Water Supply System. 2. Appendix B – Explanatory Notes on Combination Waste and Vent Systems. 3. Appendix D – Sizing Stormwater Drainage Systems. 4. Appendix H – Recommended Procedures for Design, Construction and Installation of Commercial Kitchen Grease Interceptors. 5. Appendix L – Alternate Plumbing Systems. Amended by Ordinance No. 9024, effective 03-01-2006 Amended by Ordinance No. , effective 05-15-2007 §26-2. UPC - Certain Sections not Adopted It is especially provided that the following chapters, sections, and tables of the Uniform Plumbing Code are not adopted or approved, and the same shall be of no force and effect: 1. Table 1-1 - Plumbing Permit Fees. 2. Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems. 3. Appendix E – Manufactured/Mobile Home Parks and Recreational Vehicle Parks.Gray Water Systems 4. Appendix F – ReservedAppendix E – Manufacture/Mobile Home Parks and Recreational Vehicle Parks. 5. Appendix G – Graywater Systems for Single Family Dwellings.F – firefighter Breathing Air Replenishment Systems 6. Appendix I – Installation Standards 7. Appendix J – Reclaimed Water Systems for Non-Residential Buildings.K – Private Sewage Disposal Systems. 8. Appendix K - Private Sewage Disposal Systems. Amended by Ordinance No. 9024, effective 03-01-2006 Amended by Ordinance No. , effective 05-15-2007 ORDINANCE NO. 9118 (Cont.) - 2 - §26-5. UPC - Amendment of Subsection 103.1.1 Subsection 103.1.1 of the Uniform Plumbing Code is hereby amended to include the following: 103.1.1. Permits Required. It shall be unlawful for any person, firm or corporation to make any installation, alteration or repair any plumbing system regulated by this Code except as permitted in Subsections 103.1.2 of this section, or cause the same to be done without first obtaining a permit to do such work from the Grand Island Building Department. (A) A permit is required for the installation or replacement of all fuel burning and other water heaters, heating potable water, together with all chimneys, vents and their connectors. (B) A permit is required for the installation, repair, or alteration of all fuel gas piping in or in connection with any building or structure or within the property lines of any premises, other than service pipe. A permit is required for the installation or replacement of all warm-air furnaces and heating systems including all chimneys, vents, and their connectors. (C) No device shall be installed for the prevention of backflow or back-siphonage, or be removed from use, or relocated, or other device substituted without a permit. A permit is required for lawn irrigation systems. (D) No water treating or conditioning equipment shall be installed without a permit. (E) A permit and inspection are required when repairing, replacing, or installing a sewer lateral, sewer tap, or sewer cap within five (5) feet of the City main, and when repairing or replacing fifty (50) percent or more of the sewer lateral. Any repair, replacement, or installation of a new sewer tap shall be done in compliance with the Grand Island City Code, Chapter 30, Articles IV and V. (F) A permit is required for the repair, replacement, or installation of a water service. A Plumbing Inspection Fee will be assessed on all water meter installations and replacements. (G) A separate permit shall be obtained for each building or structure. No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his or her employ. Amended by Ordinance No. 8882, effective 01-07-2004 Amended by Ordinance No. 9024, effective 03-01-2006 Amended by Ordinance No. , effective 05-15-2007 §26-34. General Rules (1) All plumbing apprentices actively engaged under a master plumber will be required to register with the City Building Department. Experience accrued towards taking the journeyman plumbers test will only be accepted as a registered apprentice. Time accrued previous to registration will be approved and noted. (2) Time required for an apprentice to be actively engaged in the trade under the supervision of a master, journeyman, or qualified shop will be a minimum of three years (two years for gas fitter). Proof of qualifications will be submitted to the Board in writing for consideration and approval for the journeyman examination. Any academical time to be considered by the Board in place of actual apprenticeship time in the trade must be from a State accredited college or Technical school. (3) Applicants must hold a journeyman license for a minimum of four years (two years for gas fitter) before taking the Master exam, and be actively engaged in the trade for the full four years (two years for gas fitter). (4) The minimum age limit for a Journeyman examination will be Twenty (20) years of age unless approved by the Board. (5) The allotted time for the Master and Journeyman examination will be four hours (two hours open book and two hours closed book). (6) Request for Master and Journeyman examination will be filed in the City of Grand Island Building Department Office prior to the examination date for the consideration of the Board. Examination fee will be paid with the application. No exam fee will be refunded after taking the examination. (7) All applicants will submit, along with their request for examination, letters of proof of the required apprenticeship time actively engaged in the trade. (8) In the event that an applicant fails to pass the examination given, he may make application for a subsequent exam after eighty-five (85) days have passed. ORDINANCE NO. 9118 (Cont.) - 3 - (9) At the discretion of the Board, experience gained at a industrial plant or outside the tri-city jurisdiction may be considered as apprenticeship time to qualify for a Journeyman examination. Information considered by the Board shall include written proof of previous experience record and oral examination. (10) All examination papers are the property of the examining Board. Applicants will not be permitted to remain during grading or to review examination papers after they have been submitted for grading. Test results will be sent by mail. (11) Applicant must obtain a passing score on each part of the exam (written as well as drawing). (12) An applicant with a passing score will have a 30 day grace period to pick up a new license dated from the test date. (13) An applicant must supply his own copy of this Code; the Grand Island Building Department will not supply copies to anyone during the test. Photocopies, reference books, or any other reference materials will not be allowed in the testing area during the test. Amended by Ordinance No. , effective 05-15-2007 §26-41. Insurance (1) Every licensee 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. (a) Comprehensive General Liability Insurance covering the operations of the licensee, including completed operations, with limits of not less than $1,000,000$300,000 per occurrence for bodily injury and property damage. (b) 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. (2) The licensee shall furnish the City of Grand Island with 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. Amended by Ordinance No. , effective 05-15-2007 §26-42. Use of Licensee's Name by Another No person or concern who has obtained a contracting plumber's registration pursuant to this chapter shall allow his or her name to be used by another person or concern, either for the purpose of obtaining permits, or for doing business or work under such registration or license. Every person licensed pursuant to this section shall notify the Board of any change of street address. It shall be unlawful for any person not licensed as a master plumber to use the words “master plumber”, “plumber” or “plumbing” in any advertising. Amended by Ordinance No. , effective 05-15-2007 §26-43. Examinations; Fee; Exemptions Any person desiring to be licensed as a master plumber or as a journeyman plumber pursuant to this chapter shall make written application for an examination to the Board. Examination fees shall be in accordance with the City of Grand Island Fee Schedule. Examination fees shall accompany such application and shall be accounted for and turned over to the City Treasurer. Examination fees are not returned but shall be forfeited in the event the applicant fails the examination. Each applicant taking the plumbers examination shall also take the examination for the gas fitters license. Failure to qualify as a gas fitter shall disqualify the applicant for either license. Only one examination fee shall be paid for taking both examinations. Any person validly registered or licensed as a master plumber or journeyman plumber or equivalent capacity by the City of Hastings or the City of Kearney shall be exempt from taking the foregoing examination, and provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent license upon application and payment of fees. ORDINANCE NO. 9118 (Cont.) - 4 - SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, on May 15, 2007. Enacted: April 24, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Appointment of Roger McShannon, Mark Tracy, and to the Business Improvement District No. 5 Board The Mayor has submitted the appointments of Roger McShannon and Mark Tracy to the Business Improvement District #5 Board. These appointments would replace George Bartenbach and Jim Berglund who have resigned. The appointments would become effective immediately upon approval by Council, and would expire on December 31, 2008. The Mayor has also submitted the appointment of Barbara Clinch to the Business Improvement District #5 Board. This appointment would replace Dean Peg who has resigned. The appointment would become effective immediately upon approval by Council, and would expire on December 31, 2009. Approval is recommended. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item G2 Approving Minutes of April 10, 2007 City Council Regular Meeting Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 10, 2007 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on April 10, 2007. Notice of the meeting was given in The Grand Island Independent on April 4, 2007. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Walker, Cornelius, Nickerson, Gericke, Brown, Whitesides, Haase, and Meyer. Councilmember Gilbert was absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Finance Director David Springer, and Public Works Director Steve Riehle. INVOCATION was given by Reverend Daniel Bremer, Grace Lutheran Church, 545 East Memorial Drive followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady acknowledged Community Youth Council members Liz Koch, Sam Bolton, Theresa Swezey. Carole Ostdiek, board member was also present. A moment of silence was held in memory of Jackie Pielstick who died Sunday evening April 8, 2007. It was announced that funeral services would be held at the All Faiths Funeral Home on Thursday, April 12, 1007 at 1:00 p.m. and visitation would be Wednesday, April 11, 2007 from 3:00 p.m. to 7:00 p.m. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Child Abuse Prevention Month” April 2007. Mayor Hornady proclaimed the month of April 2007 as “Child Abuse Prevention Month”. Dian Muhlbach was present to receive the proclamation and hand out blue ribbons and pin wheels representing the “Winds of Change” in preventing child abuse. Proclamation “National Library Week” April 15-21, 2007. Mayor Hornady proclaimed the week of April 15-21, 2007 as “National Library Week”. Steve Fosselman, Library Director was present to receive the proclamation. Proclamation “Community Development Week” April 9-14, 2007. Mayor Hornady proclaimed the week of April 9-14, 2007 as “Community Development Week”. Joni Kuzma, Development Specialist and Marsha Kaslon, Community Development Administrator were present to receive the proclamation. Page 2, City Council Regular Meeting, /April 10, 2007 PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located Along the West Side of 1208 North Road (Jacqueline Hanover). Gary Mader, Utilities Director reported that acquisition of a utility easement located along the west side of 1208 North Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would be used to locate a three phase pad-mounted transformer to provide electricity for the new irrigation well and service to an existing barn. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located West of Shady Bend Road, 1/4 Mile North of Schimmer Drive (Frances L. Ballou). Gary Mader, Utilities Director reported that acquisition of a utility easement located west of Shady Bend Road, 1/4 mile north of Schimmer Drive was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would be used to provide the documentation for an existing three phase overhead line which feeds an irrigation well and would be the source for electrical service to a new home along Shady Bend Road. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at the Northeast Corner of 939 South Locust Street (Southeast Crossings, LLC). Gary Mader, Utilities Director reported that acquisition of a utility easement located at the northeast corner of 939 South Locust Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would be used to provide a location for a new pad-mounted transformer to serve electricity to a new strip mall, Southeast Crossings. No public testimony was heard. Public Hearing on Grant Status of Community Revitalization, Phase I. Marsha Kaslon, Community Development Administrator reported the Nebraska Department of Economic Development (DED) awarded the City of Grand Island Community Development Block Grant (CDBG) funding to facilitate community revitalization. This was the first phase of a three-phase program. The City received $296,113 of CDBG funds to be used for direct rehabilitation assistance for homeowners or down payment assistance for first time homebuyers. This public hearing was required to solicit pubic comment and input into the proposed project and grant application No public testimony was heard. Public Hearing on Grant Application to Nebraska Department of Economic Development for Community Revitalization, Phase II. Marsha Kaslon, Community Development Administrator reported this was Phase II of the previous public hearing. The City would be applying for CDBG funds in the amount of $261,010 of which $242,740 would be used for direct rehabilitation for homeowners or down payment assistance for first time homebuyers and $18,270 would be used by Community Development for general administration. No public testimony was heard. ORDINANCES: Councilmember Meyer moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: Page 3, City Council Regular Meeting, /April 10, 2007 #9113 – Consideration of Creating Sanitary Sewer District No. 524, Lots 1-18 and 29-47 of Westwood Park Subdivision be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director reported that Ordinance #9113 would create Sanitary Sewer District #524 located in Westwood Park Subdivision. A petition signed by residents representing fourteen (14) properties had been received. Motion by Meyer, second by Cornelius to approve Ordinances #9113. City Clerk: Ordinance #9113 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9113 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9113 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda Items G-12 and G-17 were removed for further discussion. Motion by Corne lius, second by Haase to approve the Consent Agenda excluding items G-12 and G-17. Upon roll call vote, all voted aye. Motion adopted. Receipt of Official Documents – Pawnbroker’s Official Bonds for Bronx Pawn, 386 North Pine; G.I. Loan Shop, 1004 West 2nd Street; and Wayne’s Pawn Shop, 203 West 3rd Street. Approving Minutes of March 27, 2007 City Council Regular Meeting. Approving Minutes of April 3, 2007 City Council Study Session. Approving Request of Michelle Martinez, 1420 N. Wheeler Avenue for Liquor Manager Designation for Holiday Station Store #210, 1420 South Locust Street. Approving Request of Susana Steele, 612 E. ash for Liquor Manager Designation for Holiday Station Store #114, 1404 West 2nd Street. #2007-77 – Approving Final Plat and Subdivision Agreement for Commonwealth Business Park Sixth Subdivision. It was noted that Southeast Crossings, L.L.C., owner had submitted a Final Plat for Commonwealth Business Park Sixth Subdivision located north of Old Potash Highway and west of US Highway 281. This proposes to create 2 lots on a tract of land comprising all of Lot One (1), Commonwealth Business Park Second Subdivision consisting of approximately 2.770 acres. Page 4, City Council Regular Meeting, /April 10, 2007 #2007-78 – Approving Final Plat and Subdivision Agreement for Woodland Park Fifth Subdivision. It was noted that Woodland Park Townhomes, LLC and Hastings Venture, LLC, owners has submitted a Final Plat for Woodland Park Fifth Subdivision located on a tract of land in the W1/2 of the SE1/4 of Section 2-11-10 for the purpose of creating 15 lots and one outlot and consisting of approximately 9.28 acres. #2007-79 – Approving Acquisition of Utility Easement Located Along the West Side of 1208 North Road (Jacqueline Hanover). #2007-80 – Approving Acquisition of Utility Easement Located West of Shady Bend Road, 1/4 Mile North of Schimmer Drive (Frances L. Ballou). #2007-81 – Approving Acquisition of Utility Easement Located at the Northeast Corner of 939 South Locust Street (Southeast Crossings, LLC). #2007-82 – Approving Integrated Resources Plan – 2007, Utilities Department. #2007-84 – Approving Purchase of Two (2) Data911 Mobile Data Systems and Mobile Digital Video Systems from Data911 Mobile Computer Systems of Chesterfield, Missouri in an Amount of $551.56. #2007-85 – Approving Phase I of Grant Application for Community Revitalization. #2007-86 – Approving Grant Application to Nebraska Department of Economic Development for Community Revitalization, Phase II. #2007-87 – Approving Bid Award for Fiber Optic Cable Installation – Contract 2006-OPGW-III with Kayton Electric, Inc. of Holdrege, Nebraska in an Amount of $59,733.00. #2007-83 – Approving Bid Award for Tapping and Line-Stopping Systems with Municipal Pipe Services, Inc. of Hastings, Nebraska in an Amount of $57,662.30. Gary Mader, Utilities Director explained the purpose of tapping and line stopping systems. Discussion was held regarding the engineers estimate. Mr. Mader stated it was just an estimate and funds had been budgeted. Also mentioned was that this was reviewed by the City Attorney and was within the law. Motion was made by Whitesides, second by Nickerson to approve Resolution #2007-83. Upon roll call vote, all voted aye. Motion adopted. #2007-88 – Approving Bid Award for Backhoe/Loader for Cemetery Division with Nebraska Machinery Co., The Cat Rental Store of Doniphan, Nebraska in an Amount of $51,790.00. Steve Paustian, Parks and Recreation Director explained the purpose of this backhoe/loader. Discussion was held on the weight and size of the machine. Motion was made by Walker, second by Nickerson to approve Resolution #2007-88. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, /April 10, 2007 RESOLUTION: #2007-73 – Consideration of Request of Valentino’s of Lincoln, Inc. dba Valentino’s, 2245 North Webb Road for a Class “I” Liquor License and Liquor Manager Designation for James Scott, 3720 State Street Apt H9. RaNae Edwards, City Clerk reported this item had been pulled from the agenda at the request of the applicant. PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of March 28, 2007 through April 10, 2007, for a total amount of $2,725,001.94. Motion adopted unanimously. Motion by Cornelius, second by Haase to approve the following Claims for the Library Expansion for the period of March 28, 2007 through April 10, 2007: #64 $1,000.00 #65 37.17 #66 4,225.00 Motion adopted unanimously. EXECUTIVE SESSION: Motion by Meyer second by Brown to go into Executive Session at 7:30 p.m. for the purpose of discussing IBEW, FOP, IAFF, and AFSCME Union Contract Negotiations. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Cornelius, second by Walker to return to regular session at 8:20 p.m. ADJOURNMENT: The meeting was adjourned at 8:20 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of April 17, 2007 City Council Study Session Tuesday, April 24, 2007 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 April 17, 2007 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 Community Meeting Room of City Hall, 100 East First Street, on April 17, 2007. Notice of the meeting was given in the Grand Island Independent on April 11, 2007. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Walker, Nickerson, Gericke, Brown, Gilbert, Whitesides, Haase, and Meyer. Councilmember Cornelius was absent. The following City Officials were present: City Clerk RaNae Edwards and Finance Director David Springer. INVOCATION was given by Evangelist Gary Bennett, Church of Christ, 2822 West Stolley Park Road followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady mentioned that the flags were being flown at half-staff in honor of the victims of the Virginia Tech tragedy. Multicultural Coalition Presentation of the Movie “The Color of Fear”. Paul Briseno, Assistant to the City Administrator introduced Odalys with the Multicultural Coalition. Ms. Perez stated “The Color of Fear” was an internationally acclaimed film about eight men of various ethnicities engaged in dialogue about race and the effects of racism on their lives and families. Following the film a lengthy discussion was held on diversity and racism. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. RaNae Edwards City Clerk Item G4 Approving Request of Tina Krings, 1005 Village Green Drive #4, Norfolk, Nebraska for Liquor Manager Designations for Casey's General Stores #1768, #2727, #2732, and #2742 Tuesday, April 24, 2007 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: April 24, 2007 Subject: Request of Tina Krings, 1005 Village Green Drive #4, Norfolk, Nebraska for Liquor Manager Designation for Casey’s General Stores #1768, #2727, #2732, and #2742 Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Tina Krings, 1005 Village Green Drive #4, Norfolk, Nebraska has submitted applications with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the following Casey’s General Stores Liquor Licenses: B-29484 Store #1768, 420 North Broadwell Avenue B-71406 Store #2727, 1219 West 2nd Street B-71404 Store #2732, 4150 West US Highway 30 B-71396 Store #2742, 2223 South Locust Street These applications ha ve been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for Liquor Manager Designation. Sample Motion Move to approve the request of Tina Krings, 1005 Village Green Drive #4, Norfolk, Nebraska for Liquor Manager Designation in conjunction with Casey’s General Stores #1768, #2727, #2732, and #2742 with the stipulation that Ms. Krings complete a state approved alcohol server/seller training program. Item G5 Approving Request of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation for Pump & Pantry #6, 3355 Stolley Park Road and Pump & Pantry #8, 2028 North Broadwell Avenue Tuesday, April 24, 2007 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: April 24, 2007 Subject: Request of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation for Pump & Pantry #6 and Pump & Pantry #8 Item #’s: G-5 Presenter(s): RaNae Edwards, City Clerk Background Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “B-13152” Liquor License for Pump & Pantry #6, 3355 Stolley Park Road and Class “B- 13153” Liquor License for Pump & Pantry #8, 2028 North Broadwell Avenue. These applications ha ve been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for Liquor Manager Designation. Sample Motion Move to approve the request of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation in conjunction with the Class “B-13152” Liquor License for Pump & Pantry #6, 3355 Stolley Park Road and Class “B-13153” Liquor License for Pump & Pantry #8, 2028 North Broadwell Avenue with the stipulation that Ms. McAfee complete a state approved alcohol server/seller training program. Item G6 #2007-89 - Approving Tax Increment Financing for Pro Con Handicapped Housing Development This item relates to the aforementioned Public Hearing Item E-4. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-89 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 1997, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 5 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be a handicap housing development located upon Lots 1 and 2 of Sunny Side Second Subdivision and Lots 1, 2 and 3 of Goodrich Second Subdivision in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: R E S O L U T I O N 2007-89 (Cont.) - 2 - 1. The Redevelopment Plan of the City approved for Redevelopment Area No. 5 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined, based on the analysis conducted by the Authority, that (a) the redevelopment project in the plan would not be economically feasible without the use of tax- increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission with respect to the Redevelopment Contract. 2. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall be January 1, 2008 as follows: a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. R E S O L U T I O N 2007-89 (Cont.) - 3 - c. The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2007-90 - Approving Agreement for Consulting Services for Tier II Emission Rate Testing at the Solid Waste Landfill Tuesday, April 24, 2007 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: April 24, 2007 Subject: Approving Proposal to Conduct Tier II Emission Rate Testing at the Grand Island Landfill Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background Tier II Non-Methane Organic Compounds (NMOC) emission rate testing must be performed at the landfill every 5 years. The testing is an EPA requirement that was included in a 1990 Amendment to the Clean Air Act. The last time testing at the Landfill was performed in 2002. Requests for proposals for engineering services related to Tier II emission rate testing were sent to seven firms and published in the Grand Island Independent on Wednesday, March 21, 2007. Discussion Four (4) proposals were received, opened, and reviewed on April 5, 2007. Proposer Exceptions Proposal Amount Aquaterra Environmental Solutions, Inc. Omaha, Nebraska None $16,054 HDR Engineering, Inc. Omaha, Nebraska None $25,400 Milco Environmental Services, Inc. Kearney, Nebraska None $18,840 EA Engineering Lincoln, Nebraska None $22,495 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve an agreement with Aquaterra Environmental Solutions, Inc. and authorize the mayor to execute the agreement. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation Administration recommends that the council approve a resolution approving an agreement with Aquaterra Environmental Solutions, Inc. of Omaha, Nebraska and authorizing the mayor to execute the agreement. Sample Motion Motion to approve the agreement with Aquaterra Environmental Solutions, Inc. of Omaha, Nebraska in the amount of $16,054.00. AQUATERRA ENVIRONMENTAL SOLUTIONS, INC. (AQUATERRA) --- TERMS AND CONDITIONS FOR PROFESSIONAL CONSULTING SERVICES 1. SCOPE OF SERVICES: Aquaterra will perform the services set forth in the proposal for this project, of which these terms and conditions are a part. Initiation of services by Aquaterra will automatically incorporate these terms and conditions into this project. 2. PAYMENTS: Aquaterra will submit invoices to client monthly and a final bill upon completion of services. Time is of the essence in payment of invoices and timely payment is a material part of the consideration of this Agreement. Payment is due upon presentation of invoice and is past due 30 days from the date of invoice. Client agrees to pay a finance charge of one and one half percent per month on past due accounts. Client also agrees to pay all costs and expenses, including reasonable attorney fees incurred by Aquaterra relating to collection proceedings on overdue accounts. Failure of client to abide by the provisions of this section will be considered grounds for termination by Aquaterra. 3. OWNERSHIP OF DOCUMENTS: All documents prepared by Aquaterra are considered instruments of service, and shall remain the property of Aquaterra. Any reuse by client without written verification or adaptation by Aquaterra for the specific purpose intended will be at client’s sole risk and without legal liability or exposure to Aquaterra. 4. INSURANCE: Aquaterra will maintain appropriate workers compensation/employers liability; automobile; general liability; and professional liability insurance coverages at all times. An insurance certificate will be provided upon request. 5. INDEMNITY: Aquaterra will indemnify client for a loss, damage or injury to the extent a loss, damage or injury is caused by the negligent errors or omissions of Aquaterra or any of its employees. 6. LIMITATION OF LIABILITY: Aquaterra and client agree to allocate certain risks so that Aquaterra’s total aggregate liability to client is limited to $50,000 or the fee for services, whichever is greater, and client hereby releases Aquaterra from any liability above such amount. This applies to any loss and all injuries, damages, claims or expenses, including attorneys’ fees and expert witness fees, arising out of this Agreement from any cause or causes. Such causes include, but are not limited to, Aquaterra’s negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of warranty, negligent misrepresentation, or other acts giving rise to liability based upon contract, tort or statute. 7. SAFETY: Aquaterra is not responsible or liable for injuries or damages incurred by third parties who are not employees of Aquaterra. It is agreed that Aquaterra is not responsible for job or site safety on this project. Job site safety in, on or about the site is the sole and exclusive responsibility of the contractor. 8. THIRD PARTY RELIANCE: All documents produced by Aquaterra are for client’s use only. At client’s request, Aquaterra may provide a letter authorizing limited reliance on certain documents by a third party, but only if the third party agrees to be bound by the terms and conditions in this Agreement between Aquaterra and client. 9. UTILITIES AND SUBTERRANEAN STRUCTURES: Aquaterra will take reasonable precautions to avoid causing damage to utilities and subterranean structures. Aquaterra is not responsible for any loss, damage or injury arising from damage to, or contact with, any utilities or subterranean structures that were not properly called to Aquaterra’s attention, were not properly located on drawings, or was caused by the providing of inaccurate or incomplete information regarding their location. 10. CHANGED CONDITIONS: If, during the performance of this Agreement, unexpected conditions or circumstances are discovered, Aquaterra will notify client and the parties will renegotiate the scope and price. Aquaterra and client will promptly and in good faith enter into a renegotiation process. If renegotiated terms cannot be agreed to, Aquaterra will have the right to terminate this Agreement without penalty. 11. DISPUTES: If a dispute arises, Aquaterra and client agree that they will make a reasonable, good faith effort to resolve the dispute prior to either commencing legal action. The parties agree to meet, on multiple occasions if necessary, with senior management who are authorized to act on their behalf participating. 12. TESTING AND OBSERVATION SERVICES: This section will apply if Aquaterra is hired by client to provide a site representative for the purpose of testing or observing specific portions of the work. This work will not include supervision or direction of the actual work of any contractors, their employees or agents. We will observe the portion of the work we have been hired for and perform tests, the results being delivered to client, or others if directed by client. Even with very careful field testing and observation, client understands that field testing and observation is conducted to reduce, not eliminate, the risk of problems arising and that providing these services does not create a warranty or guarantee of any type. 13. SOIL BORING AND TEST LOCATIONS: The accuracy of test locations and elevations will be commensurate only with pacing and approximate measurements or estimates. Client must hire a professional surveyor if greater accuracy is required or desired. Aquaterra reserves the right to deviate a reasonable distance from the boring and test locations unless this right is specifically revoked in writing. 14. ON SITE SERVICES: Project site visits by Aquaterra, or the furnishing of employees to work on the project, will not make Aquaterra responsible for construction means, methods, techniques or procedures; or for any construction contractor’s failure to perform its work in accordance with the drawings and specifications. 15. TERMINATION: Services may be terminated by Aquaterra or client by providing 7 days written notice in the event of substantial failure to perform in accordance with the terms herein. Client shall pay Aquaterra all amounts due for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by Aquaterra in terminating the services. 16. SEVERABILITY: If any provision contained in this Agreement is held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired. 17. GENERAL RESPONSIBILITIES OF CLIENT: Client will, within a reasonable period of time, so as not to delay the services of Aquaterra: place at Aquaterra’s disposal all available information pertinent to the project; Aquaterra may rely on the information provided as being accurate without independent verification; client will provide prompt written notice to Aquaterra whenever client observes or otherwise becomes aware of any defect in Aquaterra’s services; and client will arrange for access to public and private property as required for Aquaterra to provide its services. 18. ENTIRE AGREEMENT—PRECEDENCE: These terms and conditions and Aquaterra proposal/report contain the entire agreement between Aquaterra and client relative to the scope of services. All previous or contemporaneous agreements, representations, promises and conditions relating to Aquaterra services are superceded. Since terms contained in purchase orders do not generally apply to professional services, in the event client issues to Aquaterra a purchase order, no preprinted terms thereon will become part of this Agreement. Said purchase order document, whether or not signed by Aquaterra, shall be considered a document for client’s internal management of its operations. NOTICE-TO-PROCEED Engineering Services Related to Emission Rate Testing (Tier II) at the Solid Waste Landfill City of Grand Island, Nebraska Aquaterra Proposal dated April 3, 2007 I (we) understand and accept the above proposal. ENGINEER: Aquaterra Environmental Solutions, Inc. BY: Douglas L. Doerr, P.E. Principal CLIENT: City of Grand Island, Nebraska AGREED TO DATE: PRINTED NAME/TITLE: SIGNATURE: Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-90 WHEREAS, the City of Grand Island invited proposals for Consulting Services for Tier II Emission Rate Testing at the Solid Waste Landfill in accordance with a Request for Proposals on file with the Public Works Department; and WHEREAS, four proposals were received, reviewed and evaluated in accordance with established criteria on April 5, 2007; and WHEREAS, Aquaterra Environmental Solutions, Inc., of Omaha, Nebraska, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, such proposal being for costs in the amount of $16,054.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Aquaterra Environmental Solutions, Inc., of Omaha, Nebraska, for consulting services for Tier II Emission Rate Testing at the Solid Waste Landfill for $16,054.00 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2007-91 - Approving Acquisition of Utility Easement - North Line of Outfall Ditch 30B, Northeast of the Wastewater Treatment Plant - Midland Ag Services, Inc. This item relates to the aforementioned Public Hearing Item E-7. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-91 WHEREAS, a public utility easement is required by the City of Grand Island, from Midland Ag Services, Inc., a Nebraska Corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on April 24, 2007, for the purpose of discussing the proposed acquisition of an easement located in a part of the East Half of the Northeast Quarter (E½, NE¼) of Section Fourteen (14), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, the five (5.0) foot wide utility easement, being more particularly described as follows: Commencing at the southeast corner of the Northeast Quarter (NE¼) of Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West; thence northerly, along the easterly line of said Northeast Quarter (NE¼), a distance of sixty six (66.0) feet; thence westerly, parallel with the southerly line of the said Northeast Quarter (NE¼), a distance of six hundred seventy four and seventy two hundredths (674.72) feet, to the actual point of beginning; thence continuing westerly, parallel with the southerly line of the said Northeast Quarter (NE¼), a distance of six hundred forty nine and four hundredths (649.04) feet, to the southeast corner of Lot Thirty Two (32), Industrial Addition to the City of Grand Island. The above-described easement and right-of-way containing 0.074 acres, more or less, as shown on the plat dated April 6, 2007, 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 Midland Ag Services, Inc., a Nebraska Corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2007-92 - Approving Amendment to the 2006/2007 Fee Schedule Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: David Springer, Finance Director City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: April 24, 2007 Subject: Approving User Fee Schedule Changes Item #’s: G-9 Presenter(s): Dave Springer, Finance Director Background The City’s user fees are updated during the annual budget process and normally presented for council approval in July. During the course of the year, we have found some fees that should be added to the schedule, corrected, or ones that may have been missed or recommended for change, and it would be beneficial to have them in place before a number of these departments enter their busy season. Discussion Landfill/Transfer Station: The current fee schedule does not allow for the disposal of scrap tires under the Landfill or Transfer Station sections. Nor is the disposal of appliances provided for. This is problematic, as commercial haulers and the general public are forced to take these items to other disposal facilities. Although scrap tires and appliances are banned from landfill disposal per NDEQ, solid waste disposal facilities are encouraged to accept these items for recycling purposes. A company in Hastings would provide containers and recycling services. We anticipate this to be budget neutral, with these fees offsetting the Hastings firm’s charges and feel that this would be beneficial to the City to do. Administration: Add Class D liquor/beer sales to fees collected for the schools, as is actually being done. Police Department: Add a vehicle auction bid fee. These auctions have proven successful, but also draw the curious and gawkers. Better crowd control and auction management would be achieved by culling to serious buyers. Parks and Recreation Department: Recreation: Adjust league play rates for volleyball, basketball and flag football teams. Aquatics: Adjust Lincoln Pool swimming lessons. Water Park: Adjust group fees. Golf Course: Make recommended changes per marketing plan. Beer will be the responsibility of the Golf Pro in the future. Heartland Shooting Park: Various changes and additions as this operation continues to evolve. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution to amend the Fee Schedule. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation Administration recommends that the council approve the resolution to amend the Fee Schedule. Sample Motion Motion to approve the resolution to amend the Fee Schedule. 2004 2005 2006 2007 LANDFILL SITE Passenger tire 3.25/tire Passenger tire on rim 13.25/tire Truck tire 10.00/tire Truck tire on rim 25.00/tire Implement tire 25.00/tire Implement tire on rim 50.00/tire Appliances 10.00 Set pricing for special projects with the approval of the Public Works Director and City Administrator TRANSFER STATION Passenger tire 3.25/tire Passenger tire on rim 13.25/tire Truck tire 10.00/tire Truck tire on rim 25.00/tire Implement tire 25.00/tire Implement tire on rim 50.00/tire Appliances 10.00 ADMINISTRATION Liquor License - School Fees (annual) Class D Retail liquor/beer, off sale 200.00 Class D1 Retail liquor/beer, off sale withing zoning jurisdiction 200.00 POLICE DEPARTMENT Vehicle Auction Bid Fee (annual)15.00 RECREATION DIVISION The Parks and Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play, and special events and promotions Volleyball Program (per game) League Play - Per Team***16.00 16.00 16.00 17.50 Basketball Program (per game) League Play - Per Team***22.00 22.00 22.00 34.00 League A - Per Team*** League B - Per Team*** League C - Per Team*** Flag Football Program (per game) League Play - Per Team***30.00 30.00 30.00 25.00 AQUATICS Lincoln Swimming Lessons per person/per session 18.00 18.00 18.00 20.00 WATER PARK Group Fees Age Group 10-29 people 5 to 15 4.00 4.25 4.50 4.75 10-29 people 16 to 54 5.00 5.25 5.50 5.75 30-59 people 16 to 54 4.75 5.00 5.25 5.50 60+ people 16 to 54 4.50 4.75 5.00 5.25 GOLF COURSE Amended Fee Schedule for 2007 2004 2005 2006 2007 Amended Fee Schedule for 2007 The Parks and Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play, and special events and promotions. Weekday Golfing 9 holes 9.50 10.50 11.55 11.55 Additional 9 holes weekdays 3.30 Additional 9 holes weekends 3.30 Junior Golf-9 holes (weekdays & after 1:00 on weekends)7.00 18 holes 12.50 13.50 14.85 17.30 Junior Golf-18 holes (weekdays & after 1:00 on weekends)10.00 Junior Pass (18 & under, excludes holidays and weekends before 1:00 pm)235.00 260.00 285.00 285.00 Senior Pass (55 & older, excludes holidays and weekends before 1:00 pm)235.00 260.00 285.00 285.00 Cart Rental Golf Cart Punch Cards - 9 holes 99.00 Golf Cart Punch Cards - 18 holes 155.00 Can of Beer 2.00 2.25 2.25 DELETE HEARTLAND PUBLIC SHOOTING PARK The Parks & Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play, and special events and promotions. Adult Skeet/trap per round (25 targets/round) 5.00 5.00 Adult Skeet/trap per round (25 targets/round) Consultant DELETE Skeet/Trap Punch Card rate - 12 rounds @ 4.34/round 55.00 55.00 Skeet/Trap Punch Card rate - 12 rounds @ 4.34/round Consultant DELETE Skeet/Trap - Youth Rate (age 18 & under) 2.50 3.50 Skeet/Trap - Youth Rate (age 18 & under) Consultant DELETE Adult Sporting Clays per round (50 targets/round) 15.00 15.00 Adult Sporting Clays per round (50 targets/round) DELETE Sporting Clays - Punch Card rate - 5 rounds @ 13.27/round 70.00 70.00Sporting Clays - Punch Card rate - 5 rounds @ 13.27/round Consultant DELETE Sporting Clays - Youth Rate (age 18 & under) 7.50 7.50 Sporting Clays - Youth Rate (age 18 & under) Consultant DELETE Counters-trap, skeet and sporting clays .22 per target 5 Stand Sporting Adult 6.00 5 Stand Sporting Youth 4.00 Daily fee Rifle/Handgun Adult 10.00 Daily fee Rifle/Handgun Youth 5.00 Punch Cards (6 days at $7.50)45.00 Family Pass (12 months)150.00 Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-92 WHEREAS, on July 11, 2006, by Resolution 2006-195, the City of Grand Island approved and adopted fees for items and services to be provided during the 2006-2007 fiscal year; and WHEREAS, it is necessary to amend such fee schedule to implement fees for the Public Works Department, Landfill/Transfer Station; Administration Department; Police Department; and, Parks and Recreation Department, as identified on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, it would be beneficial to the City of Grand Island to implement the amendments to the fee schedule; 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. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: ___________________________________ RaNae Edwards, City Clerk Item G10 #2007-93 - Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: April 24, 2007 Subject: Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Item #’s: G-10 Presenter(s): Steve Paustian, Parks and Recreation Director Background On May 22, 2001, City Council approved the leasing of several buildings at the former Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132. The leases that were approved provide for an automatic one year renewal requested by the lessees. The resolution that is presented for Council consideration would authorize the city to renew the lease on Building's No. A-30, A-11, and A-12 located on city property at the former Cornhusker Army Ammunition Plant. Discussion The city purchased property at the former Cornhusker Army Ammunition Plant that had several buildings located on it. The city has been leasing these buildings to the State of Nebraska, Department of Administrative Services, State Building Division; Dominion Construction Company; and Jerry Harders to obtain revenue and utilize these assets. There have not been any problems with damage to the property or with non payment of rent and City Parks & Recreation officials are recommending that the Council extend the lease for an additional year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the extension of the leases for an additional year. Sample Motion Motion to approve the resolution authorizing the city to extend the leases for an additional year to the State of Nebraska, Department of Administrative Services, State Building Division in the amount of $500.00; Dominion Construction Company in the amount of $2,500.00; and Jerry Harders in the amount of $750.00. Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-93 WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by the US Army Corp of Engineers during their ownership of the property; and WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building Leases with the tenants of the buildings pending development of the property; and, WHEREAS, the leases will terminate on April 30, 2007; and WHEREAS, three of the Lessee's of the storage buildings have requested that their lease be renewed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker Army Ammunition Plant are hereby authorized to be renewed for an additional year to the following Lessees in accordance with the Building Leases: Lessee Description Rental Dominion Construction Company Storage building $2,500/yr. Jerry Harders Fire/guard building $750/yr. Nebraska State Patrol Storage building $500/yr. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2007-94 - Approving Bid Award for Vehicle Exhaust Removal System Tuesday, April 24, 2007 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: April 24, 2007 Subject: Approving Bid Award for Vehicle Exhaust Removal System Item #’s: G-11 Presenter(s): Jim Rowell, Fire Chief Background Requests for bids for a vehicle exhaust removal system for the new fire station located at 409 East Fonner Park Road was published on March 20, 2007 and had a closing date of March 29, 2007. Bid requests were sent to four potential bidders. Discussion Two bids were received and were within the estimate. Funds are available in the budget account number 40015025-90007. In May 2006 City Council approved the exhaust system in Change Order #1. This in fact was the preparation or wiring for this system. We are now bringing forth the bid for the installation of the remainder of the system which includes: hoses, controls, fans and ductwork. One bidder, Clean Air Concepts of Cincinnati, OH submitted a bid of $35,959.00 and submitted testing references for Magnegrip vs. Plymovent. However no results were available for the Hazvent nozzle vs. Plymovent. Regular adjustments and maintenance are not included in the warranty. According to Clean Air Concepts warranty our department personnel are responsible for maintenance of the system. Air Cleaning Tech, Inc. of Bonner Springs, KS submitted a bid of $47,550.00. Their system called Plymovent, has been used since 2004 in Fire Stations 2, 3 and 4 and we have had little trouble and any adjustments were made promptly by Air Cleaning Tech. This would allow all four stations to have the same system and be compatible for parts, service and operation. We feel the differences in maintenance procedures and the lack of comparison for Hazvent to Plymovent are enough to recommend the Air Cleaning Tech. Inc. vehicle exhaust system. 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 Air Cleaning Tech, Inc. of Bonner Springs, KS Sample Motion Motion to approve. 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: March 29, 2007 at 11:00 a.m. FOR: Vehicle Exhaust Removal System DEPARTMENT: Fire ESTIMATE: $50,000.00 FUND/ACCOUNT: 40015025-90007 PUBLICATION DATE: March 20, 2007 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Air Cleaning Tech, Inc. Clean Air Concepts Bonner Springs, KS Cincinnati, OH Exceptions: None None Bid Price: $47,550.00 $35,959.00 cc: Jim Rowell, Fire Chief Chris Hoffman, Public Safety Secretary Curt Rohling, Operations Division Chief Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1156 Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-94 WHEREAS, the City of Grand Island invited sealed bids for a Vehicle Exhaust Removal System, according to plans and specifications on file with the Fire Department; and WHEREAS, on March 29, 2007, bids were received, opened and reviewed; and WHEREAS, Air Cleaning Tech, Inc., of Bonner Springs, Kansas, 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 $47,550.00; and WHEREAS, Air Cleaning Tech, Inc.’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Air Cleaning Tech, Inc., of Bonner Springs, Kansas, in the amount of $47,550.00 for a Vehicle Exhaust Removal System is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2007-95 - Approving Bid Award for Breathing Air System Compressor Tuesday, April 24, 2007 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: April 24, 2007 Subject: Approving Bid Award for Breathing Air System Compressor Item #’s: G-12 Presenter(s): Jim Rowell, Fire Chief Background Request for bids for a breathing air system compressor for the new Fire Station located at 409 East Fonner Park Road was published March 28, 2007. Closing date was April 12, 2007. Bid requests were sent to 13 potential bidders. Discussion Three bids were within the estimate. Funds are available in the budget account number 40015025-90007. A lower bid of $31,477.66 was submitted by FireGuard, Omaha, NE, however their compressor was not a single freestanding unit nor did it have certification documents included with the bid as requested in the bid document. The lowest bid meeting the specification was submitted by Midwest Breathing Air, L.L.C. of Wapello, IA for $36,149.16. 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 and award the bid to Midwest Breathing Air, L.L.C. of Wapello, IA. Sample Motion Motion to approve. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: April 12, 2007 at 11:15 a.m. FOR: Breathing Air System Compressor DEPARTMENT: Fire ESTIMATE: $40,000.00 FUND/ACCOUNT: 40015025-90007 PUBLICATION DATE: March 28, 2007 NO. POTENTIAL BIDDERS: 13 SUMMARY Bidder: Midwest Breathing Air L.L.C. Ed M. Feld Equipment Co. Wapello, IA Carroll, IA Exceptions: None Noted Bid Price: $36,149.16 $41,000.00 Bidder: M & T Fire & Safety, Inc. Fire Guard Volga, SD Omaha, NE Exceptions: Noted Noted Bid Price: $37,362.00 $31,477.66 Bidder: Heiman Fire Equipment Ashton, IA No Bid cc: Jim Rowell, Fire Chief Curt Rohling, Operations Division Chief Chris Hoffman, Public Safety Secretary Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1159 Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-95 WHEREAS, the City of Grand Island invited sealed bids for a Breathing Air System Compressor, according to plans and specifications on file with the Fire Department; and WHEREAS, on April 12, 2007, bids were received, opened and reviewed; and WHEREAS, Midwest Breathing Air, L.L.C., of Wapello, Iowa, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $36,149.16; and WHEREAS, Midwest Breathing Air, L.L.C.’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Midwest Breathing Air, L.L.C., of Wapello, Iowa, in the amount of $36,149.16 for a Breathing Air System Compressor is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2007-96 - Approving Bid Award for Handicap Ramp Project No. 2007-1 Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: April 24, 2007 Subject: Approving Bid Award for Construction of Handicap Ramps, Downtown Grand Island Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background On March 29, 2007 the Engineering Division of the Public Works Department advertised for bids for the construction of Handicap Ramps in Downtown Grand Island. These ramps are required in accordance with Federal ADA (Americans with Disabilities Act) regulations and are being constructed prior to an asphalt overlay of the downtown streets later this summer. Discussion Two bids were received and opened on April 17, 2007. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Total Bid Galvan Construction Inc. Grand Island, NE Completion date as noted. $89,308.78 The Diamond Engineering Co., Grand Island, NE None $148,390.29 A completion date of July 1, 2007 was called for in the specifications. The exception by Galvan Construction indicated this date may not be possible. It is necessary to minimize construction activities during the various downtown events being held this summer. We will be able to coordinate construction activities with the contractor to enable completion of construction during July which will be acceptable. Funds are available in resurfacing Account No’s. 10033506-85354 & 85353. Recommendation City Administration recommends that the Council approve the award of the bid in the amount of $89,308.78 to Galvan Construction Inc. of Grand Island, NE. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve the bid award to Galvan Construction, Inc of Grand Island, NE in the amount of $89,308.78. 2. Refer the issue to a committee. 3. Postpone the issue to a future date. 4. Take no actio n on the issue. Sample Motion Approve the bid award to Galvan Construction Inc. of Grand Island, Nebraska in the amount of $89,308.78. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: April 17, 2007 at 11:00 a.m. FOR: Handicap Ramp Project No. 2007-1 DEPARTMENT: Public Works ESTIMATE: $122,748.60 FUND/ACCOUNT: 10033506-85354 10033506-85353 PUBLICATION DATE: April 4, 2007 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Galvan Construction Inc. The Diamond Engineering Co. Grand Island, NE Grand Island, NE Bid Security: AMCO Insurance Co. Universal Surety Co. Exceptions: Noted None Bid Price: $89,308.78 $148,390.29 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Tom Carlson, Eng. Tech. Supervisor Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1163 Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-96 WHEREAS, the City of Grand Island invited sealed bids for Handicap Ramp Project No. 2007-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on April 17, 2007, bids were received, opened and reviewed; and WHEREAS, Galvan Construction, Inc., of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $89,308.78; and WHEREAS, Galvan Construction, Inc.’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Galvan Construction, Inc. of Grand Island, Nebraska, in the amount of $89,308.78 for Handicap Ramp Project No. 2007-1 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2007-97 - Approving Amendment to Agreement with Olsson Associates for Engineering Consulting Services for the Widening of Capital Avenue Tuesday, April 24, 2007 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: April 24, 2006 Subject: Approving Amendment Number 3 to the Agreement with Olsson Associates for the Project to Widen Capital Avenue Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background Any amendments to the agreement must be approved by council. Discussion On November 9, 2004 the City of Grand Island entered into an agreement with Olsson Associates for Engineering Consulting Services to Widen Capital Avenue West from the Moores Creek ditch to just east of Webb Road. Additional work beyond the scope of the original agreement is needed to complete Right- of-Way acquisition. 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 amendment to the agreement. 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 amendment to the agreement. Sample Motion Approve the amendment to the agreement. Page 1 of 2 2nd AMENDMENT TO LETTER AGREEMENT FOR ENGINEERING SERVICES THIS AMENDMENT TO LETTER AGREEMENT, made as of the 24th day of April 2007, by and between the City of Grand Island, Nebraska (“Client”) and Olsson Associates (“OA”), WITNESSETH, That whereas the Client intends to complete the Additional Right of Way Negotiations, Additional Appraiser Review Consulting Services, St. Patrick Avenue Design Changes, and Condemnation Services for which services were provided under the agreement between the City of Grand Island and Olsson Associates dated November 3, 2004, a fee for these services for the Project are hereby added to the agreement in accordance with paragraph 2, Letter of Agreement. Said Additional Services shall be provided as set forth hereafter. Scope of Services A. Additional Right of Way Negotiations: Per Exhibit A, Section E, OA will obtain the services of Midwest Right of Way Services to negotiate deeds, contracts and/or easements needed by the City of Grand Island to be able to complete the project. This includes meetings with the contracting entity, plan review, negotiating for deeds, contracts and/or easements, and submitting the completed necessary documents to OA and Client for each tract. One additional tract is required for the project beyond the estimated 20 tracts in 1st Amendment. Also additional services have been requested assisting the City with determining the next steps with proceeding with negotiations with Sapp Brother’s tract and Menard’s tracts after the Council approved condemnation. $3,000 B. Additional Appraiser Review Consulting Services: The City requested us to assist the new appraisal reviewer understand our proposed improvements and identify the conflicts. We created concepts removing the center portion of the Sapp Bros building while identifying conflicts and looking at the truck turning movements for each concept. $1,400 C. St. Patrick Avenue Design Changes: We have been requested by the City to widen St. Patrick Avenue to 41’ wide to accommodate 3 lanes. This change will facilitate changing the northeast return to flared return to accommodate right turning vehicles. Additional changes will be required in the design for driveways, grades, and storm sewer if the center portion of the Sapp Brother’s building is removed. $2,000 Page 2 of 2 D. Condemnation Services: If the City proceeds with condemnation, additional time will be required consulting with lawyers and additional appraisers. This is an estimate and depends on the time commit required by future lawyers, appraisers, and judges involved in the cases. Time will be billed as separate phase plus expenses. Tracts 16, 17, and 19 (Menard, Inc.) $4,000 Tract 5 (Poland Oil, Inc.) $4,000 2nd Amendment Total $14,400 Fees are based on our Direct Labor Costs times a factor of 2.5 for services rendered by our principals, and employees engaged directly on the Project, plus the subconsultant fee. Billings will be submitted and payable monthly in accordance with the original agreement. Termination Provisions A. The termination provisions of Paragraph 5.3 of the General Provisions of the original agreement apply to this contact amendment. OLSSON ASSOCIATES By Matthew M. Rief Accepted this day of , 2007 CITY OF GRAND ISLAND ATTEST: By By Margaret Hornady RaNae Edwards Title City Clerk F:\Projects\20041226\doc\Amend 2.doc Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-97 WHEREAS, on November 9, 2004, by Resolution No. 2004-285, the City Council of the City of Grand Island approved an agreement with Olsson Associates of Grand Island, Nebraska, to perform design services to widen Capital Avenue from the Moores Creek Drainway to Webb Road ; and WHEREAS, on April 26, 2005, by Resolution No. 2005-131, the City Council of the City of Grand Island approved Amendment #1 to the agreement with Olsson Associates to extend the final design to Webb Road; and WHEREAS, additional work beyond the scope of the original agreement is needed to complete right-of-way acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment to the agreement with Olsson Associates of Grand Island, Nebraska, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the amendment to the agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2007-98 - Approving Amendment to Community Development Block Grant 03-HO-404 This item relates to the aforementioned Public Hearing Item E-8. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-98 WHEREAS, in 2003 the Nebraska Department of Economic Development awarded Community Development Block Grant 03-HO-404 to the City of Grand Island; and WHEREAS, the Nebraska Department of Economic Development performed a monitoring visit in December of 2006 for said grant, finding that the wording and description of “Reuse of Program Income” was not implemented in the grant and therefore must be inserted in the grant as an amendment; and WHEREAS, an amendment to the grant must be submitted to the Nebraska Department of Economic Development to resolve the finding of the monitoring visit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment to Grant 03-HO-404 is hereby approved; and the Mayor is hereby authorized and directed to execute such grant application and other documentation on behalf of the City of Grand Island for such grant process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2007-99 - Approving Informal and Formal Negotiations with Charter Communications Relative to the Cable Franchise Agreement Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, City Attorney Meeting: April 24, 2007 Subject: Cable Franchise Renewal – Charter Communications Item #’s: G-16 Presenter(s): Dale M. Shotkoski, City Attorney Background The cities of Grand Island and Kearney, Nebraska, have jointly been working on the cable television franchise renewals with Charter Communications as Charter Communications is the company providing cable television service to both communities. The cities in their cooperative efforts have completed various reviews and surveys. Both cities initiated the process of identifying the cable related needs and interests and evaluated existing cable systems in their communities operated by Charter. In March of 2006, the cities contracted with Moss & Barnett to conduct a review of the financial history and financial qualifications of Charter Communications, a review of the company’s financial projections and a review of past franchise fees paid by the company to the cities. The Franchise Fee Payment Desk Review was completed and the results have been turned in to the city. A Community Needs Assessment was completed for both communities, by contracting with Ms. Susan Bisno Massel to determine the public’s future cable related needs and interests as they relate to public, education and governmental programming and facilities, including interviews and site visits with community representatives, focus groups and public meetings. In June of 2006, Ms. Massel completed on site visits to both communities and has issued her report and findings to both cities. Also, the cities conducted a residential needs assessment, which included a telephone survey of randomly selected Charter cable subscribers and non-subscribers. The cities contracted with Dr. Constance Ledoux Book to prepare the telephone survey instrument. Dr. Book reviewed and analyzed the results of this survey and prepared the reports for the cities. After conducting the above mentioned surveys and reviews, both the cities of Kearney and Grand Island submitted to Charter Communications draft cable television franchise agreements. In March of 2007, Charter responded to the drafts that were submitted to it by the cities back in December, 2006. Charter’s response included numerous revisions to the draft franchise agreements that had been submitted, essentially taking out most meaningful items from the draft franchise agreements. Discussion The Cable Act, the Federal Law that controls cable franchise agreements, allows for two different ways to renew cable franchise agreements. The first is the informal renewal process, which the cities of Kearney and Grand Island have been pursuing with Charter Communications. The second way is the formal process which includes definite time lines and deadlines. At the current time, the city would still wish to make one more effort to pursue the franchise renewal in an informal fashion but should that effort fail, staff is recommending that council authorize the commencement of the formal process. Should the cities choose to request a formal proposal from Charter, the Federal Law would permit the cities to establish a deadline for submission of Charter’s formal proposal and thereafter the cities would have four months in which to accept or reject Charter’s proposal. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the resolution to proceed informally and formally. 2. Table the matter. Recommendation It is the recommendation that council authorize staff to submit to Charter a letter serving as a last attempt to reach a mutually acceptable franchise agreement, which, if it is unsuccessful resulting in reaching an agreement by the informal method by the established deadline of May 15, 2007, that the city is then authorized to pursue formal negotiations pursuant to 47 U.S.C., §546(A-G). Sample Motion Motion to proceed informally and formally with Charter Communications. Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-99 WHEREAS, on March 7, 2006, by Resolution No. 2006-77, the Grand Island City Council approved an Interlocal Agreement between the cities of Grand Island, Nebraska and Kearney, Nebraska, for joint services of consultant fees for cable franchise renewal; and WHEREAS, on March 7, 2006, by Resolution No. 2006-78, the Grand Island City Council approved a proposal from Moss & Barnett of Minneapolis, Minnesota, for cable television franchise review and consulting services; and WHEREAS, a Community Needs Assessment was completed for both the communities of Grand Island, Nebraska, and Kearney, Nebraska, to determine the public’s future cable related needs and interests; and WHEREAS, after completion of the Community Needs Assessment, a proposed cable television franchise agreement was submitted to Charter Communications by both the cities of Kearney and Grand Island; and WHEREAS, after receipt of the proposed franchise agreement, Charter Communications’ response included numerous revisions; and WHEREAS, under Federal Law, the Cable Act allows renewal of a cable franchise agreement either formally or informally; and WHEREAS, it is in the best interests of the City of Grand Island that the City Council of authorize the commencement of both the informal and formal processes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that city staff is hereby authorized to proceed informally and formally, if required, in the renewal of the cable franchise agreement with Charter Communications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item I1 #2007-100 - Consideration of Request from Casey's Retail Company dba Casey's General Store #2707, 806 North Eddy Street for a Class "B" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-100 WHEREAS, an application was filed by Casey’s Retail Company, doing business as Casey’s General Store #2707 at 806 North Eddy Street for a Class "B" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 14, 2007; such publication cost being $18.22; and WHEREAS, Tina Krings has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on April 24, 2007, 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 Tina Krings 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, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2007-101 - Consideration of Request from Casey's Retail Company dba Casey's General Store #2737, 1814 North Eddy Street for a Class "B" Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-101 WHEREAS, an application was filed by Casey’s Retail Company, doing business as Casey’s General Store #2737 at 1814 North Eddy Street for a Class "B" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 14, 2007; such publication cost being $18.22; and WHEREAS, Tina Krings has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on April 24, 2007, 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 Tina Krings 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, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2007-102 - Consideration of Request from Don Kruse dba Jackrabbit Run Golf Course, 2800 North Shady Bend Road for a Class "A" Liquor License This item relates to the aforementioned Public Hearing Item E-3. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ April 19, 2007 ¤ City Attorney R E S O L U T I O N 2007-102 WHEREAS, an application was filed by Don Kruse doing business as Jackrabbit Run Golf Course, 2800 Shady Bend Road for a Class "A" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 14, 2007; such publication cost being $13.60; and WHEREAS, a public hearing was held on April 24, 2007, 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: ________________________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of April 11, 2007 through April 24, 2007 The Claims for the period of April 11, 2007 through April 24, 2007 for a total amount of $3,891,651.35. A MOTION is in order. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Item J2 Approving Payment of Claims for the Library Expansion for the Period of April 11, 2007 through April 24, 2007 The Claims for the Library Expansion for the period of April 11, 2007 through April 24, 2007 for the following requisitions: #67 $3,575.00 A MOTION is in order. Tuesday, April 24, 2007 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council